Kathy Diane Barker Compton v. Michael Compton

Summary

The Tennessee Court of Appeals affirmed a final divorce decree denying the wife alimony. The court held that the appellate record was inadequate for meaningful review because the wife failed to timely provide a transcript or a procedurally proper statement of the evidence, and it found no abuse of discretion by the trial court.

Holdings

1. The trial court did not abuse its discretion in denying Wife alimony because the record did not establish that the trial court applied an incorrect legal standard, reached an illogical or clearly unreasonable result, made a clearly erroneous assessment of the evidence, or relied on reasoning that caused an injustice.
2. An appellant bears the responsibility to provide a transcript or a statement of the evidence that complies with Tennessee Rule of Appellate Procedure 24(c); absent an adequate record, the appellate court must presume that the evidence supports the trial court's findings.
3. A pro se litigant may receive liberal construction of pleadings and some leeway in drafting, but is not excused from complying with substantive and procedural rules applicable to represented parties.

Questions Presented

1. Whether the trial court properly exercised its authority and abused its discretion by denying Wife alimony in futuro or transitional alimony.
2. Whether Wife's late-filed statement of the evidence complied with Tennessee Rule of Appellate Procedure 24(c) and supplied an adequate record for appellate review.
3. Whether Husband should be required to pay past, present, and future mortgage payments on the marital home awarded to Wife.

Disposition

affirmed