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Vooys v. Turner2/14/2001
The sole issue presented in this appeal is the propriety of the trial court's award to Wife of postjudgment interest on funds Husband deposited in the office of the clerk of the trial court prior to the appeal of the final order divorcing the parties. The funds represent the purchase price of the marital residence which had been awarded to Wife. Exercising an option to purchase the house, Husband deposited $185,000 with the court clerk and tendered it in open court. Then Husband appealed various portions of the final order, including the award of the house to Wife; he also moved to stay the execution and enforcement of that and other portions of the judgment without paying a bond on the ground that the funds he had already deposited should relieve him of the necessity of posting an additional bond. The motion also requested that the funds be placed in an interest bearing account. The stay of execution was granted, but the motion to deposit at interest was never ruled upon. After the trial court's judgment was affirmed on appeal, Wife filed a motion seeking interest on all money judgments rendered against Husband. The trial court found that Wife was entitled to postjudgment interest on the $185,000. Husband then commenced this appeal. We affirm.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed
Patricia J. Cottrell, J., delivered the opinion of the court, in which Ben H. Cantrell, P.J., M.S. and William C. Koch, Jr., J. joined.
OPINION
This is the second time these parties have been before this court on matters relating to their divorce. In the sole issue raised in this appeal, Robert Phillips Turner, Jr. ("Husband") challenges the trial court's decision to award to his former wife, Ginger Turner Vooys ("Wife"), postjudgment interest on funds Husband deposited in the office of the clerk of the trial court prior to the initial appeal in this case. For the following reasons, we affirm.
After an eleven year marriage, Wife sought a divorce, which Husband contested. The trial court awarded Wife a divorce on the ground of inappropriate marital conduct and granted her custody of the children. See Turner v. Turner, No. 01A01-9506-CV-00255, 1997 WL 136448 at *1 (Tenn. Ct. App. Mar. 27, 1997) (no Tenn. R. App. P. 11 application filed). The final decree of divorce, entered October 5, 1994, was the result of several hearings, and stated, in pertinent part:
It is further ordered that the Wife is awarded the Husband's separate real property and the marital appreciation therein, located at 1210 Nichol Lane, Nashville, Tennessee 37205, as alimony in solido, which the Court finds to have a fair market value of $187,000.00. The Husband shall quitclaim his interest in said property to the Wife, and the Wife shall be allowed to place said property on the market for sale with a closing date no sooner than sixty (60) days from the date of the entry of this final judgment. In the event the wife receives funds in excess of $187,000.00 from the sale of said property, she shall be allowed to retain any and all said funds.
It is further ordered that the Husband shall have the option of purchasing the Wife's interest in said property for $185,000.00, within sixty (60) days, and that he shall notify the Wife in of his intent to do so within fifteen (15) days of the hearing date.
Before entry of this final order, but after oral rulings by the court in earlier hearings to the same effect, Husband deposited $185,000 with the clerk of the court. The record includes no document filed with this money. However, at a hearing on September 23, the same day the money was filed with the clerk, counsel for Husband "passed t
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