James v. Holleman v. Barbara J. Holleman

Excerpt

In this post-divorce action, the trial court denied the wife's request for relief from a prior judgment and ordered the parties to comply with their written marital dissolution agreement regarding the sale of a parcel of marital real property. Following numerous motions filed by the parties, including several motions for recusal filed by the wife, the trial court eventually granted recusal. The newly assigned trial court judge held a hearing to consider pending motions and determine the status of the case, and the wife filed another motion to recuse shortly after that hearing. The trial court entered a subsequent order, wherein the court denied recusal and instructed the Clerk and Master to select a realtor and sell the parcel of property on the parties' behalf. Wife subsequently filed a motion seeking "relief of void orders," pursuant to Tennessee Rule of Civil Procedure 60, which was denied by the trial court. Wife filed a second but different Rule 60 motion thereafter, which was also denied by the trial court. Wife timely appealed. Discerning no error, we affirm the trial court's judgment in this matter. We grant Husband's request for attorney's fees pursuant to the parties' MDA and remand this issue to the trial court for a determination of a reasonable award of attorney's fees in favor of Husband. We deny Wife's motions seeking supplementation of the record and consideration of postjudgment facts.