FLANNARY v. FLANNARY


121 S.W.3d 647 (2003)

Carrol Preston FLANNARY v. Joyce Ann FLANNARY.

Supreme Court of Tennessee, at Knoxville.

December 16, 2003.


Attorney(s) appearing for the Case

Timothy R. Wilkerson and John D. Parker, Kingsport, Tennessee, for the appellant-defendant, Joyce Ann Flannary.

James H. Beeler, Kingsport, Tennessee, for the appellee-plaintiff, Carrol Preston Flannary.


OPINION

JANICE M. HOLDER, J., delivered the opinion of the court, in which FRANK F. DROWOTA, III, C.J., and E. RILEY ANDERSON, ADOLPHO A. BIRCH, JR., and WILLIAM M. BARKER, JJ., joined.

We granted permission to appeal to determine whether the trial court erred in dividing as marital property funds that were missing at the time the divorce complaint was filed. We hold that the missing funds are not marital property that can be divided between the parties...

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