Deborah Bistolfi Felker, et al. v. Rex Stephen Felker

This case involves a post-divorce complaint to enforce the parties’ Marital Dissolution Agreement (“MDA”), which was executed in 2005 in Shelby County, Tennessee. The complaint was filed in the Shelby County Circuit Court (“trial court”) by the wife and the parties’ adult son. The husband, now a resident of Hamblen County, Tennessee, filed a motion to dismiss based on, inter alia, lack of personal jurisdiction, improper venue, and expiration of the statute of limitations. The husband also subsequently filed an answer to the complaint, denying that the wife was entitled to relief and asserting various affirmative defenses. The trial court denied the husband’s motion to dismiss, determining that jurisdiction was proper in Shelby County. The court further found that the husband had breached the terms of the MDA and that the complaint was not time-barred. The court ordered the husband to procure life insurance for the benefit of the parties’ son within thirty days and to cooperate with the wife’s procurement of additional life insurance on the husband’s life. The court also ordered the husband to pay the wife’s attorney’s fees. The husband has appealed. Determining that the applicable statute of limitations had expired before the complaint was filed, we reverse the trial court’s judgment and remand for entry of a judgment of dismissal.