715 S.W.3d 293
Tenn.2025Background
- Vanessa Colley (Wife) and John S. Colley, III (Husband) divorced in 2012, entering into a Marital Dissolution Agreement (MDA) and parenting plan which were approved by the trial court.
- Post-divorce, Husband initiated multiple motions and petitions to modify alimony, child support, and child custody arrangements.
- In 2019, Husband filed a petition to terminate Wife’s transitional alimony ahead of her scheduled remarriage; Wife conceded the alimony would end upon remarriage but disputed any obligation before that date.
- Discovery and contentious litigation ensued, after which Husband voluntarily nonsuited (dismissed without prejudice) his petition before a merits hearing.
- Wife sought attorney fees for defending against Husband’s petition, under both the MDA’s fee provision and Tennessee Code Annotated § 36-5-103(c).
- The trial court awarded fees to Wife; the Court of Appeals reversed, finding Wife was not a “prevailing party.” The Supreme Court reviewed this issue.
Issues
| Issue | Plaintiff's Argument (Wife) | Defendant's Argument (Husband) | Held |
|---|---|---|---|
| Is Wife a “prevailing party” under MDA after nonsuit? | She prevailed by maintaining the status quo after Husband’s dismissal. | Only merits decisions can create a prevailing party. | Yes; Wife is the prevailing party because she achieved her objective when Husband’s claim was nonsuited. |
| Is Wife a “prevailing party” under Tenn. Code § 36-5-103(c) after nonsuit? | She incurred fees defending her alimony award, qualifying as prevailing. | A voluntary nonsuit is not a merits decision; no prevailing party. | Yes; defending party achieving status quo via nonsuit can qualify as prevailing; statute does not require merits ruling. |
| Should attorney fees be mandatory or discretionary? | The MDA makes fees mandatory; statute grants court discretion. | Discretion should weigh against fees without merits decision. | Under MDA, fees are mandatory; under statute, courts have discretion, exercised here in Wife’s favor. |
| Are appellate attorney fees proper for Wife? | Winning party on appeal should get fees under both contract and statute. | No attorney fees should be awarded without prevailing status. | Yes; awarded to Wife as the prevailing party under both the MDA (mandatory) and statute (discretionary). |
Key Cases Cited
- Eberbach v. Eberbach, 535 S.W.3d 467 (Tenn. 2017) (attorney fee provisions in marital dissolution agreements are to be enforced according to their terms and are mandatory if so stated)
- Deas v. Deas, 774 S.W.2d 167 (Tenn. 1989) (attorney fee awards in custody and support cases are familiar and consistent with public policy)
- Lawson v. Hawkins County, 661 S.W.3d 54 (Tenn. 2023) (principles of contract interpretation apply to marital dissolution agreements)
- Coffee County Bd. of Educ. v. City of Tullahoma, 574 S.W.3d 832 (Tenn. 2019) (statutory interpretation focuses on the text and legislative intent)
- Barnes v. Barnes, 193 S.W.3d 495 (Tenn. 2006) (court should give effect to clear and unambiguous contract language)