This post-divorce action concerns the trial court’s order finding the husband in civil
contempt based on his failure to pay alimony to the wife and to maintain security for his
alimony obligation as ordered. The trial court entered an order on April 29, 2022, finding
the husband in contempt and assigning a punishment. Husband did not file a notice of
appeal, or a specified motion tolling the time for filing a notice of appeal pursuant to
Tennessee Rule of Civil Procedure 59.01, within thirty days of entry of the contempt
order. As such, this Court has no subject matter jurisdiction to adjudicate the husband’s
issues concerning interpretation or alteration of the April 29, 2022 contempt order as
sought in his untimely motion filed pursuant to Tennessee Rules of Civil Procedure 52.02
and 59.04. To the extent that the trial court denied relief to the husband pursuant to his
motion based on Tennessee Rule of Civil Procedure 60.02, we find no abuse of discretion
and affirm that ruling. We award to the wife her reasonable attorney’s fees incurred on
appeal, and we remand this issue to the trial court for determination of a reasonable
amount of attorney’s fees incurred by the wife in defending against the husband’s appeal.
Case Number
E2022-01802-COA-R3-CV
Originating Judge
L. Marie Williams
Date Filed
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