Home Family Law Res Ipsa Loquitur Loses Husband’s Divorce Attraction Argument

Res Ipsa Loquitur Loses Husband’s Divorce Attraction Argument

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Tennessee case abstract on divorce after 21 years married.

Timothy Eugene Keeble v. Crystal Yvonne Keeble

The husband and spouse on this Loudon County, Tennessee, case had been married in 1998 and had one little one, born in 2002.  The husband owned a enterprise as a producing consultant, and the spouse was a stay-at-home dad or mum for many of the marriage.  They owned three items of actual property collectively, and the husband inherited a fourth in the course of the marriage.  In 2009, the husband signed a promissory notice on behalf of his firm to his dad and mom, and a stability of about $70,000 remained on the time of the divorce.  This was secured by one of many items of marital actual property.

The husband filed for divorce in 2017, and the spouse filed a counter-petition.  In 2019, the trial courtroom, Choose Rex Alan Dale, granted the divorce and divided the property.  The spouse was awarded two properties, and the husband was awarded the one securing the notice, with offsetting the quantity owing.  The husband was ordered to pay $1000 per 30 days transitional alimony and $14,000 to cowl her legal professional’s charges.  The husband then appealed to the Tennessee Court docket of Appeals.

The husband first argued that he was entitled to credit score for funds made on the promissory notice.  He argued that he had contributed separate funds in making these funds.  Nonetheless, the Court docket of Appeals reviewed the file and concluded that the husband had didn’t current any proof in assist of his declare that he had used separate property.  For that motive, the courtroom affirmed the decrease courtroom’s ruling on this situation.

The husband raised a lot of different points in his attraction, however the Court docket of Appeals identified that events are purported to argue their points in a sure method of their briefs.   Particularly, they’re purported to cite their authorities and make references to the file.   The husband as an alternative merely claimed, in Latin, res ipsa loquitur, which means that the factor speaks for itself.  However the appeals courtroom identified that the invocation of this phrase, which is a negligence doctrine, had no applicability within the case.

The husband additionally argued that the trial courtroom shouldn’t have awarded legal professional’s charges, however as soon as once more, didn’t current the authorized argument or cite to the file.  He argued merely that it was “actually extreme,” which the courtroom held was inadequate.

The husband additionally argued that a number of the properties awarded to the spouse had been his separate property, and never marital property.  However the appeals courtroom reviewed the proof and held that it supported the decrease courtroom’s conclusion.

For these causes, the Court docket of Appeals affirmed the decrease courtroom’s judgment and remanded the case.  It assessed the prices of the attraction in opposition to the husband.

No. E2019-01168-COA-R3-JV (Tenn. Ct. App. June 3,  2020).

See unique opinion for actual language.  Authorized citations omitted.

To study extra, see The Tennessee Divorce Process: How Divorces Work Start to Finish.

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