John Raymond Kautz v. Doris Diane Kautz Berberich

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.