← LexyCorpus index

LexyCorpus case page

CourtListener opinion 1074970

Date unknown · US

Extracted case name
pending
Extracted reporter citation
565 S.W.2d 876
Docket / number
16910-C
QDRO relevance 5/5Retirement relevance 5/5Family-law relevance 5/5gold label pending
Research-use warning: This page contains machine-draft public annotations generated from public opinion text. The headnote is not Willie-approved gold-label work product and is not legal advice. Verify the full opinion and current law before relying on it.

Machine-draft headnote

Machine-draft public headnote: CourtListener opinion 1074970 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to ERISA / defined contribution issues. The current annotation is conservative: it identifies source provenance, relevance signals, and evidence quotes for attorney/agent retrieval. It is not a Willie-approved legal headnote yet.

Retrieval annotation

Draft retrieval summary: this opinion has QDRO relevance score 5/5, retirement-division score 5/5, and family-law score 5/5. Use the quoted text and full opinion below before relying on the case.

Category: ERISA / defined contribution issues

Evidence quotes

QDRO

ac 6000. Each party shall be responsible for any debt associated with such vehicle. 6. That the parties shall equally divide Husband's 401K Alley-Cassetty Coal Co. in the amount of EIGHT THOUSAND SIX HUNDRED TWENTY-SIX ($8,626.00) DOLLARS. Further, that a Qualified Domestic Relations Order be submitted to effect this transaction. 7. That the parties shall equally divide the parties' joint Savings Account in the amount of SEVEN HUNDRED FIFTY ($750.00) DOLLARS, payable within ninety (90) days of the entry of this Order. 8. That the Husband shall be responsible for the arrearages on alimony and the household bills in the amount of ONE THOU

401(k)

Chevy Pickup Truck, his Camaro, the 1984 Tempo, the farm tractor and the dune buggy. Wife shall be awarded the 1985 Pontiac 6000. Each party shall be responsible for any debt associated with such vehicle. 6. That the parties shall equally divide Husband's 401K Alley-Cassetty Coal Co. in the amount of EIGHT THOUSAND SIX HUNDRED TWENTY-SIX ($8,626.00) DOLLARS. Further, that a Qualified Domestic Relations Order be submitted to effect this transaction. 7. That the parties shall equally divide the parties' joint Savings Account in the amount of SEVEN HUNDRED FIFTY ($750.00) DOLLARS, payable within ninety (90) da

domestic relations order

ach party shall be responsible for any debt associated with such vehicle. 6. That the parties shall equally divide Husband's 401K Alley-Cassetty Coal Co. in the amount of EIGHT THOUSAND SIX HUNDRED TWENTY-SIX ($8,626.00) DOLLARS. Further, that a Qualified Domestic Relations Order be submitted to effect this transaction. 7. That the parties shall equally divide the parties' joint Savings Account in the amount of SEVEN HUNDRED FIFTY ($750.00) DOLLARS, payable within ninety (90) days of the entry of this Order. 8. That the Husband shall be responsible for the arrearages on alimony and the household bills in the amount of ONE THOU

Source and provenance

Source type
courtlistener_qdro_opinion_full_text
Permissions posture
public
Generated status
machine draft public v0
Review status
gold label pending
Jurisdiction metadata
US
Deterministic extraction
reporter: 565 S.W.2d 876 · docket: 16910-C
Generated at
May 14, 2026

Related public corpus pages

Deterministic links based on shared title/citation terms and QDRO / retirement / family-law retrieval scores.

Clean opinion text

IN THE COURT OF APPEALS OF TENNESSEE
 AT NASHVILLE

MARY L. ELDRIDGE, )

 Plaintiff/Appellee,
 )
 ) Sumner Circuit No. 16910-C
 FILED
 )
v. ) September 29, 1999
 ) Appeal No. 01A01-9808-CV-00451
ANTHONY W. ELDRIDGE, ) Cecil Crowson, Jr.
 ) Appellate Court Clerk
 Defendant/Appellant )

 APPEAL FROM THE CIRCUIT COURT OF SUMNER COUNTY
 AT GALLATIN, TENNESSEE

 THE HONORABLE THOMAS GOODALL, JUDGE

For the Plaintiff/Appellee: For the Defendant/Appellant:

John Pellegrin Regina L. Farmer
Gallatin, Tennessee White House, Tennessee

 AFFIRMED IN PART, REVERSED
 IN PART AND REMANDED

 HOLLY KIRBY LILLARD, J.

CONCURS:

ALAN E. HIGHERS, J..

SEPARATELY CONCURS AND DISSENTS:

DAVID R. FARMER, J.
 OPINION

 This is a divorce case. The husband appeals from the final divorce decree, asserting that the

trial court precluded him from presenting evidence at the divorce trial. The husband also appeals

the trial court's decision regarding alimony and division of marital property. We affirm in part,

reverse in part, and remand.

 Defendant/Appellant Anthony Wayne Eldridge ("Husband") and Plaintiff/Appellee Mary

Lucy Eldridge ("Wife") were married twelve years. There are no children of the marriage. On May

14, 1997, Plaintiff/Appellee Mary Lucy Eldridge ("Wife") filed a complaint for divorce alleging

inappropriate marital conduct, or in the alternative, irreconcilable differences. Husband filed an

answer and countercomplaint alleging irreconcilable differences, or in the alternative, inappropriate

marital conduct. Wife also filed a motion for alimony pendente lite, asserting that she is disabled

and has been unable to work for two years.

 On June 6, 1997, the trial court conducted a hearing regarding Wife's motion for temporary

alimony.1 Wife testified that she was unemployed and her monthly expenses were $610. Wife also

stated that her outstanding medical bills totaled $4,000. Husband testified that his annual gross

income was approximately $30,000 to $35,000. The trial court ordered Husband to pay $100 per

week in temporary alimony, "all reasonable and necessary household bills," certain medical

expenses, and maintain the parties' health and life insurance.

 On January 30, 1998, Wife filed a motion for contempt and for a restraining order, alleging

that Husband had not paid two household bills and that Husband attempted to "break into" the home

and vandalize Wife's personal property. The trial court dismissed the motion.

 The divorce trial began on March 20, 1998. Wife testified regarding her health, past

employment, and the value of the parties' property. At the conclusion of Wife's testimony, the trial

court adjourned for the day and scheduled the resumption of the trial for April 9, 1998. This was

subsequently rescheduled to June 5, 1998.

 Prior to the resumption of the trial, Husband filed a motion to suspend support payments, and

Wife filed another contempt motion based on Husband's failure to pay temporary alimony. On May

19, 1998, the trial court conducted a hearing regarding the pending motions. At the conclusion of

the hearing, the trial court ordered both of the parties to submit a proposed final divorce decree. The

 1
 The record of the testimony in this matter consists of a brief statement of the evidence
which summarizes the testimony of the witnesses.
 trial court indicated that it intended to sign one of the proposed decrees. Both parties filed a

proposed final decree and a list of marital assets.

 The trial court did not adopt either of the proposed decrees. It entered the following final

decree:

 IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that the
 parties shall be and are hereby declared divorced per their stipulations, per the June
 6, 1997, Order, pursuant to Tennessee Code Annotated § 36-4-129 . . . .
 1. That the real property located at 139 Alexander Lane, Bethpage,
 Tennessee be vested solely in the Wife, and the Wife shall be responsible for any
 indebtedness on such real property. The Husband shall execute a quitclaim deed
 transferring all of his interest in such real property to the Wife, and Husband shall be
 responsible for the 1997 Sumner County taxes. Wife shall be responsible for all
 necessary improvements and repairs.
 2. That Husband shall continue to maintain health insurance on the Wife for
 twenty-four (24) months.
 3. That Husband shall pay to the Wife the sum of ONE HUNDRED (100.00)
 DOLLARS per week as rehabilitative alimony for a period of twenty-four (24)
 months . . . .
 4. That the Wife shall remain in possession of all personal property and
 affects of the home, including the parties' dog, riding lawn mower and air
 compressor located at 139 Alexander Lane, Bethpage, Tennessee, except items
 located in the 30' X 40' storage building, which Husband shall obtain within fifteen
 (15) days of the entry of this Order. Further, that Wife shall remain in possession of
 her separate personal property.
 5. That Husband shall be awarded the 1980 Chevy Pickup Truck, his
 Camaro, the 1984 Tempo, the farm tractor and the dune buggy. Wife shall be
 awarded the 1985 Pontiac 6000. Each party shall be responsible for any debt
 associated with such vehicle.
 6. That the parties shall equally divide Husband's 401K Alley-Cassetty Coal
 Co. in the amount of EIGHT THOUSAND SIX HUNDRED TWENTY-SIX
 ($8,626.00) DOLLARS. Further, that a Qualified Domestic Relations Order be
 submitted to effect this transaction.
 7. That the parties shall equally divide the parties' joint Savings Account in
 the amount of SEVEN HUNDRED FIFTY ($750.00) DOLLARS, payable within
 ninety (90) days of the entry of this Order.
 8. That the Husband shall be responsible for the arrearages on alimony and
 the household bills in the amount of ONE THOUSAND FOUR HUNDRED
 TWENTY-ONE ($1,421.00) DOLLARS. Such amount shall be payable within
 ninety (90) days of the entry of this Order.
 9. That each party shall be responsible for their own attorneys' fees.
 10. That the Husband shall be held responsible for the costs of this cause .…

 On June 5, 1998, Husband filed a motion to stay the judgment and a motion to reconsider,

asserting that the division of property was inequitable and that there was no showing that Wife was

entitled to rehabilitative alimony. Husband's motion also stated that "[t]his Court has heard no proof

whatsoever about the proper division of the marital estate in this matter, and the Order should be set

aside[,] and this court should hear proper proof." On June 18, 1998, the trial court stayed the

implementation of the judgment. On July 17, 1998, the trial court denied Husband's motion to

reconsider and lifted the stay which was previously granted. On August 28, 1998, Husband filed a

 2
 motion to set aside the judgment, contending that he was "not afforded an opportunity to present

evidence relating to the division of property or the propriety of . . . alimony." On September 16,

1998, the trial court denied Husband's motion for a new trial. From this order, Husband now

appeals.

 On appeal, Husband argues that the trial court erred in precluding him from the opportunity

to present proof. Husband also contends that the trial court erred in awarding Wife rehabilitative

alimony as well as a judgment for an arrearage in temporary alimony, and in dividing the parties'

property.

 Since this case was tried by the trial court sitting without a jury, we review the case de novo

upon the record with a presumption of correctness of the findings of fact by the trial court. Tenn.

R. App. P. 13(d).

 Husband first contends that his right to due process was violated when the trial court, after

hearing Wife's testimony, asked the parties to submit proposed final decrees and indicated that it

would sign one of the proposed decrees, thus precluding Husband from presenting proof. Wife

argues that Husband made no contemporaneous objection, effectively waiving this issue on appeal.

Husband responds that "such procedural irregularities" constitute plain error which do not warrant

objection.

 Tennessee courts have long recognized that, in order to preserve an issue on appeal, an

objection must be made in a timely manner before the trial court. See Glenn v. Webb, 565 S.W.2d

876, 879 (Tenn. App. 1977).

 It is a general rule of trial practice that a party is not permitted to withhold
 objection to an occurrence during the trial, saving the objection as an \ace in the