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IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON
February 19, 2002 Session TRENT WRIGHT MARCUS v. LORRAINE BURTON SPIERS MARCUS
Appeal from the Circuit Court for Shelby County No. 305781-6 TD George H. Brown, Jr., Judge

No. W2001-00906-COA-R3-CV - Filed July 30, 2002

This case involves a petition to enroll a foreign judgment. The parties were married in Tennessee and later moved to North Carolina. While living in North Carolina, the parties separated and the husband filed for divorce in North Carolina. The wife filed a counterclaim for divorce in North Carolina, seeking permanent and pendente lite alimony. The North Carolina court ordered the husband to pay pendente lite alimony. While the North Carolina proceedings were pending, husband moved to Arkansas and obtained a divorce in Arkansas. In light of the Arkansas divorce, the wife filed a voluntary dismissal of her North Carolina counterclaim. The husband then filed a motion in North Carolina under a North Carolina statute, seeking reimbursement of the pendente lite alimony he had paid to the wife. The North Carolina court entered a judgment ordering the wife to reimburse the husband for the alimony payments. The wife did not file an appeal in North Carolina. The husband then filed a petition to enroll the North Carolina judgment in Tennessee. The Tennessee trial court enrolled the North Carolina judgment. The wife now appeals. We affirm, finding that the North Carolina court had subject matter jurisdiction under its statutes to enter the judgment and that the North Carolina judgment was not contrary to Tennessee public policy. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed HOLLY KIRBY LILLARD, J., delivered the opinion of the court, in which W. FRANK CRAWFORD , P.J., W.S., and DAVID R. FARMER , J., joined. Edward M. Bearman, Memphis, Tennessee, for the appellant, Lorraine Burton Spiers Marcus. Daniel Loyd Taylor and John N. Bean, Memphis, Tennessee, for the appellee, Trent Wright Marcus. OPINION Plaintiff/appellee Trent Wright Marcus ("Husband") and defendant/appellant Lorraine Burton Spiers Marcus ("Wife") were married in Memphis in December 1990. In July 1991, the parties moved to Winston-Salem, North Carolina. In the fall of 1992, the parties separated and Husband filed a divorce complaint in North Carolina seeking custody of the parties' minor child, child

support, and distribution of the marital property. Wife counterclaimed in North Carolina, also seeking custody and support of the minor child and distribution of the parties' marital property and, in addition, permanent and pendente lite alimony. On March 16, 1993, the North Carolina court entered an order requiring Husband to pay $500 per month to Wife in pendente lite alimony. On November 22, 1994, the amount of pendente lite alimony was modified to $1000 per month. Husband later relocated to Arkansas and filed for divorce in Arkansas. The North Carolina proceedings remained pending. The Arkansas Chancery Court granted a divorce to the parties on December 21, 1994. In light of this, on April 19, 1995, Wife filed a voluntary dismissal of her counterclaim for divorce in the North Carolina proceeding. Subsequently, in the North Carolina court, Husband filed a motion pursuant to North Carolina General Statutes

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