Opinion
Appeal No. 01-A-01-9506-CV-00228.
October 20, 1995.
APPEALED FROM THE CIRCUIT COURT OF CLAY COUNTY AT CELINA, TENNESSEE THE HONORABLE JOHN TURNBULL, JUDGE, Clay Circuit No. 1227.
AFFIRMED AND REMANDED
E. GUY HOLLIMAN, WILLIAM JOSEPH BUTLER, FARRAR HOLLIMAN, Attorneys for Plaintiff/Appellant.
JAMES D. WHITE, JR., Attorney for Defendant/Appellee.
MEMORANDUM OPINION
Rule 10(b) of the Rules of the Court of Appeals reads as follows:
The Court, with the concurrence of all judges participating in the case, may affirm, reverse or modify the actions of the trial court by memorandum opinion when a formal opinion would have no precedential value. When a case is decided by memorandum opinion it shall be designated "MEMORANDUM OPINION," shall not be published, and shall not be cited or relied on for any reason in a subsequent unrelated case.
In this case the husband has appealed the trial judge's award of $14,750 to the wife as her share of the marital property. The trial judge made the following findings: that the husband's property had increased in value during the marriage in the amount, when added to the value of some property acquired by the parties, of $34,000; that the cattle acquired by the parties had a negative value of $4,500, leaving a net value of $29,500; that the wife had made a contribution to the preservation and appreciation of the property; that the wife had a greater need than the husband; and that the husband had a greater ability to produce income in the future. Taking the net increase in the marital estate of $29,500 the trial judge then awarded half of it to the wife.
We find from the record that the evidence does not preponderate against the trial judge's findings of fact. Therefore, we affirm the trial court's judgment and tax the costs on appeal to the appellant.
_____________________________ BEN H. CANTRELL, JUDGE
CONCUR:
_______________________________ HENRY F. TODD, PRESIDING JUDGE
MIDDLE SECTION
_______________________________ SAMUEL L. LEWIS, JUDGE