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Posted by: Stacey Shrader Joslin on Oct 21, 2016

Court: TN Court of Appeals

Attorneys 1:

Travis N. Meeks, Clarksville, Tennessee, for the appellant, Bryan Olson.

Attorneys 2:

Christopher J. Pittman and Zachary L. Talbot, Clarksville, Tennessee, for the appellee, Rose Coleman.

Judge(s): STAFFORD

This appeal concerns two disputes between the widowed husband and mother of a deceased woman: (1) the proper party to whom the woman‘s life insurance proceeds are owed; and (2) a request for grandparent visitation. We conclude that the trial court erred in failing to return the life insurance beneficiary to the status quo that existed prior to wife‘s violation of the automatic injunction pursuant to Tennessee Code Annotated Section 36-4-106(d)(2). The proceeds from the life insurance policy are therefore awarded to husband. We vacate, however, the trial court‘s seizure of the grandmother‘s Bank of America account and remand for further proceedings to determine if the funds contained therein represent the remainder of the life insurance proceeds improperly paid to the grandmother. We further conclude that the trial court erred in awarding grandparent visitation, where there was no evidence of opposition to visitation prior to the filing of the grandparent visitation petition. Reversed in part, vacated in part, and remanded.