MITCHELL HUNTER OAKES v. PATRICIA MARIE OAKES - Articles

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Posted by: Stacey Shrader Joslin on Dec 28, 2016

Court: TN Court of Appeals

Attorneys 1:

Mitchell Hunter Oakes, Crossville, Tennessee, appellant, pro se.

Attorneys 2:

Randal R. Boston, Crossville, Tennessee, for the appellee, Patricia Marie Oakes.

Judge(s): SUSANO

In this divorce case, Mitchell Hunter Oakes appeals the trial court’s division of the marital estate. Husband’s appellate brief contains no case citations or references to the record. Furthermore, there is no authority cited other than the statute addressing a division of marital property. These multiple deficiencies are clear violations of Tenn. R. App. P. 27(a). In addition, Husband’s brief does not contain a table as required by Court of Appeals Rule 7. As we have held on numerous occassions, deficiencies such as these constitute a waiver of any issues raised by the offending party. Because of these omissions, this appeal had no reasonable chance of success. Accordingly, we agree with his former spouse, Patricia Marie Oakes, that his appeal is frivolous in nature. Therefore, Wife is entitled to recover from Husband her reasonable fees and expenses incurred on appeal. Appeal dismissed.

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