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IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE
June 6, 2007 Session TIMOTHY WADE KEYT v. NANCI SUZANNE KEYT
Appeal by permission from the Court of Appeals, Middle Section No. 02-174 Vernon Neal, Chancellor

No. M2005-00447-SC-R11-CV - Filed December 19, 2007

GARY R. WADE, J., dissenting.

Because it is my view that there was evidence to support the conclusion that Husband, by virtue of his long-term employment with the company, substantially contributed to the preservation and appreciation of his separately owned stock, I would hold that any increase in value during the course of the marriage should qualify as marital property. I would also hold that the chancellor's assessment of the appreciation amount was likewise supported by the evidence. On these important points, the chancellor, who saw and heard the witnesses firsthand, should be afforded deference under our limited scope of review. The Court of Appeals, which upheld the ruling of the chancellor as to these specific issues, should have been affirmed in that regard. As indicated in the majority opinion, "`[m]arital property' includes . . . any increase in value during the marriage of, property determined to be separate property . . . if each party substantially contributed to its preservation and appreciation . . . ." Tenn. Code Ann.

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