Mitchell Hunter Oakes v. Patricia Marie Oakes

Case Number
E2016-00274-COA-R3-CV

In this divorce case, Mitchell Hunter Oakes appeals the trial court’s division of the marital estate. Husband’s appellate brief contains no case citations or references to the record. Furthermore, there is no authority cited other than the statute addressing a division of marital property. These multiple deficiencies are clear violations of Tenn. R. App. P. 27(a). In addition, Husband’s brief does not contain a table as required by Court of Appeals Rule 7. As we have held on numerous occassions, deficiencies such as these constitute a waiver of any issues raised by the offending party. Because of these omissions, this appeal had no reasonable chance of success. Accordingly, we agree with his former spouse, Patricia Marie Oakes, that his appeal is frivolous in nature. Therefore, Wife is entitled to recover from Husband her reasonable fees and expenses incurred on appeal. Appeal dismissed.

Authoring Judge
Judge Charles D. Susano, Jr.
Originating Judge
Judge Sam E. Benningfield, Jr.
Case Name
Mitchell Hunter Oakes v. Patricia Marie Oakes
Date Filed
Dissent or Concur
No
Download PDF Version