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Kenneth Edward Winn v. Hallie Jones Winn
Citation: Not availableDocket: E2004-01057-COA-R3-CV
Court: Court of Appeals of Tennessee; August 8, 2005; Tennessee; State Appellate Court
Original Court Document: View Document
The case involves Kenneth Edward Winn (Husband) and Hallie Jones Winn (Wife), who were married for five years before the Husband filed for divorce in May 2003, citing irreconcilable differences and cruel and inhuman treatment. The Wife counterclaimed, admitting to irreconcilable differences but denying any wrongdoing, alleging inappropriate marital conduct by the Husband. A bench trial took place on December 9, 2003, but the appellate record lacks a transcript or certified statement of evidence, consisting only of the technical record and exhibits. The trial court issued a final divorce decree on January 14, 2004, detailing the equitable distribution of property, while reserving the issue of ownership of three life insurance policies owned by the Wife. Subsequently, the Wife filed a motion to alter or amend the decree on February 13, 2004, contesting the classification of certain property as marital. The Husband filed a contempt motion on March 17, 2004, claiming the Wife failed to return specific property and damaged others. The trial court denied the Wife's motion on May 6, 2004, but did not resolve the contempt motion, leading to an appeal by the Wife that was dismissed as premature due to unresolved issues regarding the insurance policies. The appellate court affirmed the trial court's ruling, noting the absence of a transcript or evidence statement required them to presume the trial court's decisions were supported by evidence. On December 20, 2004, the trial court issued an 'Amended Final Decree' that addressed the insurance policies and reaffirmed the original final decree. The Wife appealed this decision, contesting several aspects of the equitable distribution of property, specifically challenging the trial court's determinations regarding: (1) the Husband’s equity share in the marital home, (2) the classification of a 1984 Chevy truck as marital property, (3) the classification of a 1987 Chevy truck as marital property, (4) the classification of certain real property on Lake Tanzi as marital property, (5) the classification of undeveloped real property on Turkey Blind Road as marital property and the claim that Wife dissipated assets by gifting this property to her family, and (6) the denial of her motion to amend the divorce decree or request a new trial. The appellate review of the trial court's findings is conducted de novo, assuming the findings are correct unless the evidence suggests otherwise. However, due to the absence of a transcript or evidence statement from the trial court proceedings, the appellate court cannot assess the evidence's weight. As a result, it is presumed that the trial court's findings on the equitable distribution of property were adequately supported. Consequently, the appellate court upheld the trial court’s Amended Final Decree in full, imposing the costs of the appeal on the Appellant, Hallie Jones Winn, and her surety.