James Edgar Yarbrough v. Cheryl Ann Pinegar Yarbrough

05/11/2018 IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON January 31, 2018 Session JAMES EDGAR YARBROUGH V. CHERYL ANN PINEGAR YARBROUGH Appeal from the Circuit Court for Shelby County No. 107677-RD Jerry Stokes, Judge No. W2017-00152-COA-R3-CV A wife filed a motion pursuant to Tennessee Rule of Civil Procedure 60.02(3) to set aside a final decree of divorce granted on the ground of irreconcilable differences. The trial court denied the motion, finding that she failed to prove by clear and convincing evidence that the judgment was void. We affirm the trial court’s decision. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed ANDY D. BENNETT, J., delivered the opinion of the Court, in which J. STEVEN STAFFORD, P.J., W.S., and ARNOLD B. GOLDIN, J., joined. Cheryl Ann Pinegar Yarbrough, Memphis, Tennessee, Pro Se. Jean Ellen Markowitz, Memphis, Tennessee, for the appellee, James Edgar Yarbrough. OPINION I. FACTUAL AND PROCEDURAL BACKGROUND Thirty-one years ago, on March 25, 1987, Cheryl Ann Pinegar Yarbrough (“Wife”) was granted a divorce from James Edgar Yarbrough (“Husband”) on the ground of irreconcilable differences. In the final decree of divorce, the trial court incorporated a Property Settlement Agreement (“PSA”) that provided Wife with custody of the parties’ son, required Husband to pay $300 per month in child support, and divided the parties’ debts and real and personal property. The parties lived in accordance with the terms of the PSA following the divorce. Husband began working at FedEx during the marriage and continued working there until he retired in November 2005. Wife learned of his retirement sometime in 2006 and, believing she was entitled to receive a portion of his retirement funds pursuant to the PSA, she began investigating why she had not received any such funds. She contacted FedEx and was informed that they could not speak with her about Husband’s retirement funds. According to Wife, this conversation made her believe there was a problem with the PSA and she “needed to do something to protect [her] rights.” She then filed a malpractice lawsuit against the attorneys who represented her in the divorce, David E. Caywood and Darrell D. Blanton, because she believed that to be her remedy. Wife took a voluntary non-suit in the case but, in April 2013, she refiled her complaint against both of her former attorneys.1 The court dismissed the action in July 2016, holding that the cause of action was not timely filed. On July 6, 2016, Wife filed a motion to set aside the final decree of divorce pursuant to Tennessee Rule of Civil Procedure 60.02, alleging that the final decree was void because the PSA “was filed absent her signature.” In support of her motion, Wife attached a copy of a certified copy of the PSA that was certified on August 5, 2008. The copy relied on by Wife consists of six pages, with page six containing the conclusion of the parties’ agreement immediately followed by two signature lines, one for each party. A ...

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