William Wayne Bray v. Wanda Lee Jones Bray ( 1995 )

WILLIAM WAYNE BRAY, ) ) Plaintiff/Appellant, ) ) Appeal No. ) 01-A-01-9506-CV-00228 VS. ) ) Clay Circuit e ) No. 1227 WANDA LEE JONES BRAY, ) Defendant/Appellee. ) ) FILED Oct. 25, 1995 COURT OF APPEALS OF TENNESSEE Cecil Crowson, Jr. Appellate Court Clerk MIDDLE SECTION AT NASHVILLE APPEALED FROM THE CIRCUIT COURT OF CLAY COUNTY AT CELINA, TENNESSEE THE HONORABLE JOHN TURNBULL, JUDGE E. GUY HOLLIMAN WILLIAM JOSEPH BUTLER FARRAR & HOLLIMAN 102-A Scottsville Highway P. O. Box 280 Lafayette, Tennessee 37083 Attorneys for Plaintiff/Appellant JAMES D. WHITE, JR. 101 Green Street Celina, Tennessee 38551 Attorney for Defendant/Appellee AFFIRMED AND REMANDED BEN H. CANTRELL, JUDGE CONCUR: TODD, P.J., M.S. LEWIS, J. MEMORANDUM OPINION1 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 1 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 mem orandum opinion when a form al opinion would have no pre cedentia l value. W hen a case is decided by mem orandum opinion it sha ll be designated "ME MO RA ND UM OP INIO N," shall not be published, and shall not be cited or relied on for any reason in a subsequent unrelated case. -2-