Appeals
Mr. Hayes and Ms. Thomas have handled many successful appeals on behalf of clients and have the necessary experience to research and brief your case as well as argue your case before both the Tennessee Court of Appeals and the Tennessee Supreme Court.
Noteworthy Appellate Cases
In re C.K.G., 173 S.W.3d 714 (Tenn. 2005)
Described in the press as a “landmark case” in Tennessee (See On the Road, High Court Hears Landmark Case, The Tennessean, April 16, 2005), we represented the Father of triplets on Appeal to the Tennessee State Supreme Court in this case of first impression. In the case, the Mother, who was the gestational carrier of triplets, had conceived by means of eggs donated by an anonymous third-party woman and fertilized with the Father’s sperm, filed parentage action against Father, seeking custody of the children and child support. In response, Father argued that Mother had no standing as a “parent” under Tennessee law, because she lacked any genetic connection to children. This landmark case re-defined what it means to be a “parent” in Tennessee.
Miller v. Miller, 81 S.W. 3d 771 (Tenn.App. 2001)
In this divorce action, which was the second of two appeals by these parties, the Husband appealed the property division made by the trial court, arguing that his retirement accounts, part of which he owned before the marriage, were his separate property. we represented the Wife on Appeal.
Other Appellate Cases
Dennison v. Dennison, 1996 WL 426809 (Tenn.App. 1996)
In this divorce case, the wife appealed the trial court’s alimony award and the fault determination made by the trial court. We represented the Husband on Appeal.
Klindt v. Klindt, 1997 WL 83668 (Tenn.App. 1997)
In this post-divorce child custody dispute, the sole issue on appeal was whether the trial court had jurisdiction to modify the custody provisions of a divorce decree entered in Missouri. We represented the Father on Appeal.
In re Andolino, 1997 WL 739538 (Tenn.App. 1997)
In this adoption proceeding, the adoptive parents appealed the trial court’s decision that the Father did not abandon his son and the trial court’s decision dismissing their Petition for Adoption. We represented the Father on Appeal.
Russo v. Russo, 2000 WL 1785979 (Tenn.App. 2000)
In this divorce case, the Husband appealed the trial court’s custody determination, alimony award, the division of property, his child support obligations, and the finding of fault made by the trial court. We represented the Wife on Appeal.
Miller v. Miller, 2000 WL 1231378 (Tenn.App. 2000)
In this divorce action, the first of two appeals by these parties, both Husband and Wife appealed the trial court’s division of marital property and alimony awards. We represented the Wife on Appeal.
Bryant v. Bryant, 2000 WL 1483217 (Tenn.App. 2000)
In this adoption case, the grandparents had filed a petition to terminate the parental rights of the biological father and for adoption of two minor children based on abandonment by the father. The issue on appeal was whether the adoption was in the best interest of the minor children. We represented the Father on Appeal.
Ralston v. Henley, 2001 WL 1158952 (Tenn.App. 2001)
In this interlocutory appeal taken during post-divorce visitation modification proceedings, divorced parents were fighting over who had the right to make educational decisions regarding the parties’ eight- and ten-year-old daughters. Mother desired to home school the children and Father objected. We represented the Father on Appeal.
Gore v. Gore, 2001 WL 1660827 (Tenn.App. 2001)
In this divorce case, the Husband appealed the trial court’s Final Decree of Divorce regarding fault, division of property, alimony, and child support. Additionally, Husband appealed the trial court’s entering a permanent injunction restraining Husband from taking the parties’ two children around his girlfriend. We represented the Husband on Appeal.
Sanders v. Sanders, 2003 WL 21004628 (Tenn.App. 2003)
In the this divorce action, the Wife appealed the trial court’s Final Decree of Divorce with regard to the allocation of fault, the division of property, and alimony. Additionally, the Wife on appeal argued that since her conservator executed her counterclaim for divorce, the court had no jurisdiction to award her a divorce. We represented the Husband on Appeal.
Sackett v. Roseman, 2003 WL 22349077 (Tenn.App. 2003)
In this interlocutory appeal taken during a post divorce visitation modification proceeding, the sole issue was whether the trial court properly exercised subject matter jurisdiction pursuant to the Uniform Child Custody Joint Enforcement Act (UCCJEA). We represented the Mother on Appeal.
Brooks v. Brooks, 2005 WL 1584203 (Tenn.App. 2005)
In this divorce action, Husband appealed the alimony provisions of the trial court’s Final Decree of Divorce. We represented the Husband on Appeal.
Fox v. Gwirtsman, 2005 WL 2140851 (Tenn.App. 2005)
In this post-divorce visitation modification case, Father appealed the trial court’s decision in a post-divorce custody modification proceeding, which changed the residential schedule for his three children. We represented the Father on Appeal.
Huffnagle v. Huffnagle, 2005 WL 2989603 (Tenn.App. 2005)
In this post-divorce contempt action, the Husband appealed a trial court’s order finding him in criminal contempt for failing to pay his alimony obligations to Wife. We represented the Husband on Appeal.
Dunn v. Duncan, 2006 WL 1233046 (Tenn.App. 2006)
In this post-divorce alimony modification proceeding, the Wife appealed the trial court’s decision to terminate her alimony following her remarriage. The main issue on appeal involved the wording of the alimony provision in a marital dissolution agreement. We represented the Husband on Appeal.
Church v. Church, 2006 WL 2168271 (Tenn.App. 2006)
In this divorce action, the Husband appealed the trial court’s Final Decree of Divorce with regard to the characterization of certain property. The Wife had received a significant amount of property from her family by transactions designated to avoid gift taxes; however, she claimed in the trial court that the transactions were essentially gifts. We represented the Husband on Appeal.
Eluhu v. Eluhu, 2006 WL 2091385 (Tenn.App. 2006)
In this post-divorce relocation case, the Mother appealed the trial court’s order which denied her request to relocate with the parties’ three minor children to Utah. We represented the Father on appeal.
Fiero v. Fiero, 2007 WL 1241338 (Tenn.App. 2007)
In this divorce case, the Husband appealed the trial court’s Final Decree of Divorce with regard to the property division, arguing that Wife had used Husband’s separate assets to pay off Wife’s separate, pre-marriage, educational debts. We represented the Husband on appeal.
Williams v. Williams, 2007 WL 4117780 (Tenn.App. 2007)
In this post-divorce case, the mother appealed the trial court’s dismissal of her case on the grounds of Res Judicata. We represented the Father on Appeal.
Lamberth v. Young, 2007 WL 4553003 (Tenn.App. 2007)
In this post-divorce contempt action, the mother appealed the trial court’s finding her in criminal contempt. We represented the Mother on Appeal.
Schroer v. Schroer, 2011 WL 3293499 (Tenn.App. 2011)
In this divorce action, the Husband appealed the trial court’s Final Decree of Divorce with regard to the property division, arguing that he should have received a larger portion of the marital estate based upon his larger contribution, mainly from his separate property and higher earnings. We represented the Husband at Trial and on Appeal.
Elcan v. Elcan, 2011 WL 760788 (Tenn.App. 2011)
In this post-divorce case, the Mother appealed the trial court’s decision to lift the Paramour provision of the parties’ Parenting Plan and also the failure by the trial court to find Father in contempt for violating the Paramour provision. We represented the Mother on appeal.
Grant v. Grant, 2016 WL 2898434 (Tenn.App. 2016)
In this divorce case, the Husband appealed the trial court’s Final Decree of Divorce with regard to the property and alimony awarded to Wife, arguing that she received too much of both. We represented the Wife before the trial court and on appeal.
Brecker v. Brecker, 2018 WL 5310751 (Tenn. App. 2018)
In this divorce case, the Husband appealed the trial court’s Final Decree of Divorce, challenging the court’s award of alimony to the Wife and division of an asset in the party’s marital estate. We represented the Wife at trial and on appeal.
Beaman v. Beaman, 2018 WL 5099778 (Tenn. App. 2018)
In this interlocutory appeal taken during the parties’ divorce proceedings, the Wife argued for the trial court judge’s recusal from presiding over the proceedings. We represented the Wife at Trial and on Appeal.
Mathews v. Mathews, 2019 WL 4303317 (Tenn. App. 2019)
In this post-divorce case, the Husband appealed the trial court’s determination that the Wife did not cohabitate with her paramour prior to their marriage and the Wife appealed the trial court’s determination to not award her attorney’s fees. We represented the Wife on Appeal.
Taylor v. Miriam’s Promise, 2019 WL 410700 (Tenn. App. 2019)
In this appeal from a successful Motion to Dismiss, the mother challenged the trial court’s dismissal of multiple claims against her child’s prospective adoptive parents as well as other named defendants. We represented the prospective adoptive parents at Trial and on Appeal.
Egan v. Egan, 2020 WL 2761261 (Tenn. App. 2020)
In this divorce case, the Husband appealed the trial court’s Final Decree of Divorce, challenging the type, amount, and duration of the alimony awarded to Wife. We represented the Wife at Trial and on Appeal.
Barnes v. Barnes, 2023 WL 6846504 (Tenn. App. 2023)
In this divorce case, the Husband appealed the trial court’s Final Decree of Divorce, challenging the trial court’s credibility finding, valuation of marital property, division of property, and alimony award. We represented the Wife at Trial and on Appeal.
Adkins v. Adkins 2023 WL 5439785 (Tenn. App. 2023); 2021 WL 2882491 (Tenn. App. 2021); 2020 WL 9602029 (Tenn. App. 2020); and 2017 WL 1960549 (Tenn. App. 2017)
We represented the Husband for 11 years in this divorce case, both at trial and during four appeals.
Burks v. Burks, 2024 WL 979000 (Tenn. App. 2024)
In this Hamilton County divorce case, the Wife appealed the trial court’s Final Decree of Divorce with regard to the characterization of certain property and failure to award her alimony. We represented the Wife at Trial and on Appeal.
Griffin v. Griffin, 2022 WL 15163734 (Tenn. App. 2024)
In this divorce case, the Husband appealed the amount of alimony awarded to the Wife by the trial court. We represented the Wife at Trial and on Appeal.
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