The case involved post-judgment litigation between divorced spouses. The Parties were previously divorced by judicial decree. The terms of their divorce were governed by a marital dissolution agreement that required John Colley to pay alimony to his ex-wife, Ms. Vanessa Turner. The Parties’ marital dissolution agreement also provided that: “In the event it becomes reasonably necessary for either party to institute or defend legal proceedings related to the enforcement of any provision of this Agreement, the prevailing party shall also be entitled to a judgment for reasonable expenses, including attorney’s fees, incurred in connection with such proceedings.”
Mr. Colley later filed post-judgment litigation seeking to terminate his alimony obligation to Ms. Turner prematurely. On the eve of trial, though, Mr. Colley filed a notice of nonsuit and voluntarily dismissed his claim. The dismissal prompted further litigation over whether Ms. Turner could recover the attorney’s fees that she incurred in defending against Mr. Colley’s post-judgment claims under either the fee-shifting provision of the Parties’ marital dissolution agreement or under Tennessee Code Annotated section 36-5-103(c).
The Court’s decision will have significant consequences on litigation behavior across Tennessee. Most prominently: It will make bogus litigation less likely under circumstances when a defendant may obtain attorney’s fees for prevailing, and it will enable those who are victimized by bogus litigation to be made whole.
“This is a major victory for Ms. Turner and anyone else who is victimized by groundless litigation, especially after divorcing,” said Horwitz Law, PLLC principal Daniel A. Horwitz, Ms. Turner’s lead counsel. “This decision also will benefit a huge number of people, most prominently the many women who have abusive ex-husbands who torment them with recurring litigation abuse.”
Ms. Turner was successfully represented by Horwitz Law, PLLC attorneys Lindsay Smith, and Melissa Dix. Briefing from the case is linked below:
– Appellant’s Rule 11 Application
– Principal Brief of Appellant Vanessa Turner
– Reply Brief of Appellant Vanessa Turner
– Brief of the State of Tennessee
– Appellant’s Response to Brief of the State of Tennessee
Read the Tennessee Supreme Court’s majority opinion in Colley v. Colley here: https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/Majority%20Opinion%20-%20M2021-00731-SC-R11-CV.pdf
Justice Campbell’s concurring opinion is available here: https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/Separate%20Opinion%20-%20M2021-00731-SC-R11-CV.pdf