The Tennessee Supreme Court has affirmed a decision that orders John Colley, a Middle Tennessee attorney, to pay attorney fees incurred by his ex-wife, Vanessa Turner, during a legal dispute. The case revolves around a divorce agreement that included alimony, which was supposed to end upon Turner's remarriage. Turner remarried in March 2019, prompting Colley to file a petition in January 2019 to stop alimony payments ahead of schedule.
In the litigation that followed, Colley sought extensive information from Turner, including her cell phone and personal photographs. Nonetheless, just days before a court hearing, Colley voluntarily withdrew his petition. Turner then asked the court to require Colley to pay her legal fees for the defense she mounted against his efforts.
According to Colley, Tennessee law permits attorney fees only for "prevailing parties." He asserted Turner did not qualify as such since he withdrew his claim voluntarily. Despite this argument, the trial court awarded Turner $16,500, noting, "Mr. Colley has been a bully and he has bullied Ms. Turner for years."
Colley challenged the decision at the Court of Appeals, which overturned the trial court's ruling, but the Supreme Court allowed Turner's appeal. The higher court concluded that under Tennessee law, a plaintiff who forfeits a case loses. If the defendant retains the contested right, they are considered to have prevailed, thus validating the attorney fees.
Justice Sarah K. Campbell, supported by Justice Jeffrey S. Bivins, wrote a separate opinion concurring with the judgment. Campbell agreed that Turner deserved the fees, citing the need to maintain previously awarded alimony. However, she noted the voluntary withdrawal did not, by itself, render Turner a prevailing party. She advised that the legal interpretation apply specifically to family-law situations.
Complete opinions from Chief Justice Holly Kirby and Justice Sarah Campbell on the Colley case can be found on the Tennessee Supreme Court's website.