Joyann E. Butler v. James Michael Butler

Case Number
W2007-01257-COA-R3-CV

In this divorce proceeding, Wife appeals the trial court’s decision not to enforce the parties’ Marital Dissolution Agreement, the trial court’s distribution of the marital assets, and the trial court’s failure to sanction Husband for failure to comply with the discovery rules. After Wife filed for divorce, the parties executed a Martial Dissolution Agreement. The trial court, however, refused to enforce the Marital Dissolution Agreement because some of Husband’s property was damaged while within Wife’s exclusive control. The trial court admitted as evidence Wife’s attorney’s statement that he would not permit Wife to damage husband’s property. We affirm that attorney’s statement was properly admissible parol evidence and the trial court properly denied Wife’s motion to enforce the Martial Dissolution Agreement.

Wife also argues that the trial court failed to equitably distribute the marital assets and that the court erred by failing to sanction Husband for discovery violations. This Court affirms the trial court’s division of marital assets, as modified, and its order denying Wife’s request for sanctions.

Authoring Judge
Judge David R. Farmer
Originating Judge
Judge Jerry Stokes
Case Name
Joyann E. Butler v. James Michael Butler
Date Filed
Dissent or Concur
No
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