John Raymond Kautz v. Doris Diane Kautz Berberich
Case Details
- Judge(s)
- Judge D. Michael Swiney, C.J.
- Status
- Published
- Procedural Posture
- Appeal of Trial Court decision on motion for relief from judgment under Tenn. R. Civ. P. 60.02
Related Laws
No specific laws identified for this ruling.
Outcome
Affirmed Trial Court's reinstatement of the marital dissolution agreement, finding that Wife failed to prove Husband concealed valuable assets and that she was aware of marital assets when executing the agreement.
Excerpt
This appeal concerns a divorce. John Raymond Kautz ("Husband") sued Doris Diane Kautz Berberich ("Wife") for divorce in the Circuit Court for Polk County ("the Trial Court"). The parties entered into a marital dissolution agreement ("the MDA"), which the Trial Court approved in its final decree of divorce. Some years later, Wife filed a petition pursuant to Tenn. R. Civ. P. 60.02 seeking relief from the judgment on grounds that Husband failed to disclose certain assets. The Trial Court granted Wife's motion. However, after a subsequent hearing, the Trial Court found that while Husband later hinted to Wife he had more assets than he disclosed, he actually had not concealed any valuable assets not already known to Wife. The Trial Court reinstated the MDA with certain amendments. Wife appeals. We decline to re-evaluate the Trial Court's implicit credibility determinations, and the evidence does not preponderate against the Trial Court's finding that Wife was aware of the valuable marital assets at the time the MDA was executed. We affirm.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
Similar Rulings
Plaintiff brought claims against Knox County and the County Clerk based on allegedly discriminatory employment practices. The trial court determined that Plaintiff committed serious discovery violations and imposed as a sanction the exclusion of certain evidence. With this evidence excluded, the trial court granted summary judgment to the Defendants. Plaintiff appeals, challenging the discovery sanction, the trial court's conclusion under the Tennessee Human Rights Act that the continuing violation doctrine did not apply, the trial court's conclusion that the Clerk was not individually liable, and the award of attorney's fees against the Plaintiff and her attorney. We affirm.
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