Returning Subscriber?
Not a Subscriber to Litigation Pathfinder?
Get the full text of this legal issue, including links to cited primary law, along with unlimited access 1,000’s of other legal issues…and more!
Area of Law: | Family Law, Litigation & Procedure |
Keywords: | Divorce order; Standard of appellate review |
Jurisdiction: | Tennessee |
Cited Cases: | 838 S.W.2d 206; 833 S.W.2d 911 |
Cited Statutes: | None |
Date: | 04/01/2001 |
Divorce orders, like other written instruments and court opinions must be construed in accordance with the intent of the parties and the court. Hale v. Hale, 838 S.W.2d 206, 208-09 (Tenn. Ct. App. 1992). Under Tennessee law, the appellate court reviews a trial court’s decision in a divorce action de novo on the record, applying a presumption of correctness with regard to the trial court’s findings of fact. Smith v. Smith, 912 S.W.2d 155, 157 (Tenn. Ct. App. 1995); Hazard v. Hazard, 833 S.W.2d 911, 913 (Tenn. Ct. App. 1991). Absent an error of law and unless the evidence preponderates against the trial court’s findings, the court of appeals must affirm. Id. at 913.
[…]
Subscribe to Litigation Pathfinder
To get the full-text of this Legal Memorandum ... and more!
(Month-to-month and annual subscriptions available)
Get the full text of this legal issue, including links to cited primary law, along with unlimited access 1,000’s of other legal issues…and more!