Kelly R. Harris v. Lonnie C. Harris

This appeal arose from a divorce action filed by the wife. The husband and the wife appeared before the trial court and presented a settlement agreement for the trial court’s approval. Prior to entry of the court’s order approving the settlement agreement, the husband filed written notice that he no longer consented to the agreement. Following entry of the trial court’s order in June 2018, the husband filed a motion seeking to set aside such order pursuant to Tennessee Rule of Civil Procedure 60.02. In his motion, the husband argued that the trial court had failed to supply him with a functioning voice amplification system that he had requested for use during the hearing and that he had misunderstood the terms of the parties’ agreement. The trial court denied the husband’s motion without hearing evidence regarding whether the husband had a disability for which accommodation during the proceedings was necessary or making a finding regarding whether he had properly requested the accommodation as asserted in his motion. Upon a thorough review of the record, we vacate the trial court’s judgment and remand for an evidentiary hearing concerning the husband’s motion.