Kenneth James Worgan v. Jeannie Antoinette Worgan

In this post-divorce case, Jeannie Antoinette Worgan (“wife”) filed a Tenn. R. Civ. P. 60.02 motion to alter or amend the final judgment, which had been entered over eleven months earlier. The final judgment had incorporated the parties’ marital dissolution agreement (“MDA”). Wife’s Rule 60.02 motion alleges that the MDA “failed to mention the division of the former husband’s pension” and that “[t]his oversight certainly must have resulted from a mistake, inadvertence, or excusable neglect.” The trial court denied the motion, finding that wife was aware of the pension of Kenneth James Worgan (“husband”) when she signed the MDA and that she had ample time and opportunity to review the MDA before signing it. We agree with the trial court’s ruling that wife has presented no ground for Rule 60.02 relief. Accordingly, we affirm.