Whitney Marie MacRae v. Thomas Paul MacRae

The trial court granted Whitney Marie MacRae (“Wife”) a divorce by default against Thomas Paul MacRae (“Husband”). The default was based upon Husband’s failure to comply with an order compelling him to respond to Wife’s discovery requests. Shortly after Wife remarried – which was nearly a year after the divorce judgment was entered – Husband filed a motion pursuant to Tenn. R. Civ. P. 60.02 to set aside the judgment. The trial court denied the motion. Husband appeals from that denial. Wife argues that the judgment should not be set aside; she seeks damages for a frivolous appeal. We affirm the judgment of the trial court. We also find the appeal to be frivolous and remand to the trial court for a determination of the damages due Wife pursuant to the provisions of Tenn. Code Ann. § 27- 1-122 (2000).