Attorney Stephanie Lynn Prager's Legal Cases

Alimony

Covarrubias v. Baker

Dec 11, 2017

OUTCOME: Reversed in part, and remanded for reinstatement of alimony award and recalculation of arrearage judgment.

This appeal arises out Husband’s petition to reduce his alimony in futuro obligation and Wife’s motion for criminal contempt for Husband’s failure to pay his alimony obligation in full. Wife opposed th ... e modification of alimony on two grounds: (1) the 2007 Marital Settlement Agreement was not modifiable and (2) there had been no material change in circumstances. The trial court held that the alimony in futuro provision was modifiable and, based on a finding that Husband had proven a material change in circumstances, reduced Husband’s alimony obligation. The court then calculated Husband’s alimony arrearage for 2015 based on his income in 2007, not on his income as stated on his W-2 for 2015, which was greater. As for Husband’s petition to modify alimony in futuro, we affirm the trial court’s determination that the alimony in futuro provision was modifiable; however, we have determined that there is no factual basis to support a finding that Husband proved a substantial and material change in circumstances. Accordingly, we reverse the trial court’s decision to decrease Husband’s alimony obligation and remand with instructions to reinstate the alimony award as stated in the final divorce decree. Because the alimony arrearage judgment was based on the reduced alimony obligation, we also reverse that award and remand with instructions for the trial court to award an arrearage judgment based on Husband’s gross earnings in 2015, not his salary in 2007. Therefore, we affirm in part, reverse in part, and remand for recalculation of the alimony arrearage judgment.

Child custody

Milton v. Harness, Jr.

Mar 03, 2017

OUTCOME: Trial Court order vacated; custody restored to Mother

This is an extraordinary appeal, filed pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure, seeking review of the Trial Court’s ex parte injunction temporarily changing custody of the pa ... rties’ six-year-old child (“Child”), born out-of-wedlock, pending the final adjudication of the Petition for Custody and Injunction (“Petition” or “Petition for Custody”) filed by the Petitioner, Randall V. Harness, Jr. (“Father”), in which he seeks to legitimate and obtain custody of Child. We conclude that an extraordinary appeal is warranted, that both the ex parte injunction changing custody and the Trial Court’s subsequent order continuing that injunction should be vacated, and that custody of Child be restored to the Respondent, Tamara Reece Milton (“Mother”), pending further action by the Trial Court.

Animal and dog bites

Moore v. Gaut

Dec 30, 2015

OUTCOME: Affirmed by Court of Appeals

Plaintiff was at Defendant's residence when he was bitten by Defendant’s dog, which was in Defendant’s fenced-in backyard. Plaintiff was on the other side of the fence, and the dog bit Plaintiff on his ... face. The trial court granted Defendant summary judgment based on its finding that there was no evidence that the owner knew or should have known that the dog had any dangerous propensities. On appeal, Plaintiff argues that the large size of the dog should be enough to establish a genuine issue of material fact as to whether Plaintiff should have known the dog had dangerous propensities. Summary judgment affirmed.

Adoption

In Re E.G.H. et al.

Apr 14, 2015

OUTCOME: Affirmed by Court of Appeals

Mother challenged the order terminating her parental rights to her minor children. The Court of Appeals declined oral argument. The Children were removed from Mother’s custody. In 2009, the Children we ... re placed in the custody of relative Petitioners. In 2012, Petitioners filed a petition seeking termination of the biological parents’ rights and the adoption of the Children. Following a trial, the court found, by clear and convincing evidence, that Mother abandoned the Children by willfully failing to visit them, and that termination was in the Children’s best interest. On appeal, Mother challenged the sufficiency of the evidence proffered to establish a ground for termination and the trial court’s best interest decision. Decision affirmed by the Court of Appeals.

Stephanie Lynn Prager's Legal Cases (4)

Covarrubias v. Baker

Milton v. Harness, Jr.

Moore v. Gaut

In Re E.G.H. et al.