Husband could not be held in default for discovery violations
Tennessee case summary on discovery in divorce.
Husband can’t be held in default for discovery violations without specific findings by Court.
Pejhman Ehsani v. Eugenia Michelle Ehsani
The husband commenced this Davidson County, Tennessee, divorce case in 2020, and the wife filed a counterclaim. There were a number of motions filed prior to trial regarding discovery. The wife eventually filed a motion to sanction the husband for discovery violation. The trial court granted the motion to strike out the husband’s pleadings, and to grant default judgment. The court did not provide any details. The husband appealed the default judgment to the Tennessee Court of Appeals.The court noted that the trial courts have a wide range of sanctions they can impose for discovery failures. The court noted that these rulings are discretionary but that the trial court must follow sound legal principles. In an earlier case, it was held that a more thorough review is appropriate when the sanction amounts in a dismissal of a party’s claim. The dismissal of the party’s claim was reversed in that case.The court of appeals found that the case it was reviewing had even less insight as to the dismissal. The appeals court reviewed the record and found some “apparent” instances of misconduct. However, the lower court did not make any specific findings. The lower court failed to cite the relevant legal factors that should be applied. Finally, the appeals court noted that the lower court didn’t even specify which orders were allegedly violated.
For these reasons, the appeals court vacated the lower court’s ruling and remanded for the required findings and determinations.
The appeals court noted that even though the judgment was vacated, the parenting plan was to remain in effect pending the lower court’s actions on remand.No. M2022-01819-COA-R3-CV (Tenn. Ct. App. See original opinion for exact wording. Legal citations have been omitted.
To find out more, visit The Tennessee Divorce Process : How Divorces Work From Start to Finish.
