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IN THE COURT OF APPEALS OF TENNESSEE WESTERN SECTION AT JACKSON ______________________________________________ DENNIS T. CROUSE, Appellant, Vs. CHARLANE ALLEN CROUSE,

FILED
December 7, 1998
Appellate C ourt Clerk

Cecil Crowson, Jr. C.A. No. 02A01-9712-CV-00312 Shelby Law No. 151303

Appellee. ____________________________________________________________________________ FROM THE SHELBY COUNTY CIRCUIT COURT THE HONORABLE KAY S. ROBILIO, JUDGE

Richard F. Vaughn of Memphis For Appellant Daniel Loyd Taylor, John N. Bean of Memphis For Appellee

AFFIRMED AS MODIFIED AND REMANDED Opinion filed:

W. FRANK CRAWFORD, PRESIDING JUDGE, W.S.

CONCUR: DAVID R. FARMER, JUDGE F. LLOYD TATUM, SENIOR JUDGE

This dispute concerns an award of alimony and attorney's fees. Appellant, Dennis T. Crouse (Husband), appeals from the trial court's order granting alimony in futuro and attorney's fees to Appellee, Charlane Allen Crouse (Wife).

The parties married on August 21, 1971 in Lewis County, New York. A daughter was born of this marriage in 1972, but she is no longer a minor and does not reside with either party. After the marriage, Husband and Wife first lived in New York where they both worked in a bowling pin factory. Due to Husband's subsequent military career, the parties moved to San Antonio, Texas in 1973 and then to Houston, Texas. Upon completing his military career, Husband obtained a Bachelor of Science degree from the University of Houston while Wife worked as a clerk in a fabric store. The parties then moved to Galveston, Texas to enable Husband to attend medical school. While Husband attended medical school, Wife worked as a part-time clerk in a grocery store and as a part-time secretary in the pathology department at the university, eventually quitting the job at the grocery store in order to work full time in the pathology department. After Husband obtained his medical degree in 1982 and completed his residency in 1985, the parties moved from Galveston to Birmingham, Alabama to allow Husband to participate in a fellowship program. At this time, Wife worked as an administrative secretary in addition to providing sewing services from the parties' home. Wife stopped working outside of the home in 1989 in order to pursue her sewing business. In 1993, the parties moved to Memphis, Tennessee to enable Husband to take a position at the University of Tennessee.1 On February 13, 1996, Husband filed a complaint for divorce alleging irreconcilable differences and inappropriate marital conduct on the part of Wife. Wife filed an answer admitting irreconcilable differences while denying guilt of inappropriate marital conduct, and filed a counter-complaint alleging inappropriate marital conduct on Husband's part. On March 24, 1997, the trial court entered a decree granting absolute divorce pursuant to T.C.A.

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