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State of Tennessee, ex rel., Michael Overton v. Kimberly Robb
State: Tennessee
Court: Court of Appeals
Docket No: M2010-00319-COA-R3-JV
Case Date: 10/25/2010
Plaintiff: State of Tennessee, ex rel., Michael Overton
Defendant: Kimberly Robb
Preview:IN THE COURT OF APPEALS OF TENNESSEE
AT NASHVILLE
October 15, 2010 Session

STATE OF TENNESSEE EX REL. MICHAEL OVERTON v. KIMBERLY
ROBB

A ppeal from the Juvenile Court for Dickson C ounty
N o. 41-86392 A. A ndrew Jackson, Judge

N o. M 2010-00319-CO A-R3-JV -Filed O ctober 25, 2010
The defendant was found in civil contempt for failure to pay child support and sentenced to serve 180 days in jail unless she purged her contempt with the payment of $2,200. Finding the evidence inadequate to support a finding that the defendant had the ability to pay child support w hen it was due or that she had the ability to pay $2,200 at the time of the hearing in order to purge the sentence, w e reverse.
Tenn. R . A pp. P. 3 Appeal as of R ight; Judgment of the Juvenile Court Reversed
FRANK G. CLEMENT, JR., J., delivered the opinion of the Court, in w hich A NDY D. BENNETT and RICHARD H . DINKINS, JJ., joined.
James L. Baum, Burns, Tennessee, for the appellant, Kimberly Robb.
Robert E. Cooper, Jr., A ttorney G eneral and Reporter; M ichael E. M oore, Solicitor General; and W arren Jasper, Senior Counsel, for the appellee, State of Tennessee.

M EM O RANDUM O PINIO N 1
1Tenn. R. Ct.App. 10 states:
This Court, with the concurrence of all judges participating in the case, may affirm, reverse or modify the actions of the trial court by memorandum opinion when a formal opinion would have no precedential value. When a case is decided by memorandum opinion it shall be designated
Download State%20ex%20rel%20Michael%20Overton%20v%20Kimberly%20Robb%20OPN.pdf

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