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
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