Jon Roozbeh Vazeen, AKA Hassan Vazin v. Michelle Smith Vazin
M2016-01133-COA-R3-CV
| Tenn. Ct. App. | Sep 8, 2017Background
- Jon Roozbeh Vazeen (Husband, pro se) and Michelle S. Vazin (Wife) married in 1990; Wife filed for divorce in December 2014; no minor children at time of divorce.
- After hearing, the trial court dismissed Husband’s counter-complaint, granted Wife an absolute divorce based on Husband’s inappropriate marital conduct, divided marital assets/liabilities, and awarded Husband five years of rehabilitative alimony.
- Husband appealed, raising multiple issues (property division and alimony among them) and proceeded pro se on appeal.
- Husband’s appellate brief omitted required elements: no table of authorities, sparse citations to the record, no Rule 7 property/debt table, and lack of developed legal argument or authority for most claims.
- The Court of Appeals found these briefing deficiencies barred meaningful review and dismissed the appeal for noncompliance with Tenn. R. App. P. 27 and related rules.
- Wife requested appellate attorneys’ fees under Tenn. Code Ann. § 27-1-122; the court declined fees, finding the appeal was not frivolous or taken solely for delay.
Issues
| Issue | Husband's Argument | Wife's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in dividing marital property and awarding alimony | Husband challenges division and alimony (seeking alimony in futuro) but provided minimal legal support and record citations | Wife defended trial court judgment; argued Husband’s brief failed to preserve issues for review | Appeal dismissed because Husband’s brief failed to comply with appellate briefing rules (waiver for noncompliance) |
| Whether appellee should be awarded attorneys’ fees on appeal under Tenn. Code Ann. § 27-1-122 | Husband did not specifically contest fee request on the merits in a procedurally compliant way | Wife requested fees and costs as damages for a frivolous appeal or one taken for delay | Request for appellate attorneys’ fees denied; court concluded the appeal was not frivolous or solely for delay |
Key Cases Cited
- Whitaker v. Whirlpool Corp., 32 S.W.3d 222 (Tenn. Ct. App. 2000) (pro se litigants receive some leeway but must meet procedural standards)
- Bean v. Bean, 40 S.W.3d 52 (Tenn. Ct. App. 2001) (failure to comply with appellate rules may justify not considering issues)
- Forbess v. Forbess, 370 S.W.3d 347 (Tenn. Ct. App. 2012) (issues waived when briefs lack required references and authority)
- Sneed v. Bd. of Prof’l Responsibility of Sup. Ct., 301 S.W.3d 603 (Tenn. 2010) (courts will not construct arguments; skeletal briefing results in waiver)
- Henderson v. SAIA, Inc., 318 S.W.3d 328 (Tenn. 2010) (statute allowing damages for frivolous appeals must be strictly construed)
