A landslide led neighboring property owners to jointly file suit against Metro Water Services. Further investigation complicated their understanding of what may have caused the landslide, resulting in withdrawal of their shared counsel and in one property owner bringing suit against the other while still maintaining the action against Metro Water Services. While all three parties engaged in a variety of settlement-related actions, the suit filed by one property owner against the other sat largely dormant. This sparked a motion to dismiss for failure to prosecute. The trial court held the motion in abeyance. While the settlement-related matters became ever more mired, the case did not move forward. Fifteen months later, the trial court granted the motion to dismiss for failure to prosecute and awarded attorney’s fees. Because we are unable to determine the trial court’s basis for the award of attorney’s fees from its order, we vacate that portion of the judgment and remand for further findings. Otherwise, we affirm.

Husband and Wife divorced. In ruling upon contested matters, the trial court adopted a parenting plan submitted by Husband with minor modifications, named Husband primary residential parent of the parties’ minor children, and granted Husband primary custody of his stepson. The trial court ordered Wife to pay child support and declined to grant her alimony. The court also categorized and distributed the parties’ marital property. The court denied Wife’s request to hold Husband in contempt for purportedly interfering with her parenting time. Because the parties agree there was error as to Wife’s income for purposes of the child support calculation and agree as to the number that should have been used for her income, we modify the trial court’s award of child support accordingly. We also conclude that the trial court erred in failing to value the marital property and to apply the statutory factors and make relevant findings in connection with dividing the marital estate. We conclude that the issue of primary custody over Husband’s stepson, who was nearly 18 at the time of argument in this case, is moot. We affirm as to the other issues presented in this appeal.

Memphis is celebrating Black History Month with a variety of events throughout February. The Dixon Gallery and Gardens will feature "Black Artists in America: From the Bicentennial to September 11" through March 29. The Hattiloo Theatre will present "Dreamgirls" through March 8. The Memphis Brooks Museum of Art will host a free "Super Saturday" on Feb. 7 highlighting artist Chakaia Booker. On Feb. 20, author Emily Yellin and John Lawson will discuss their new book "Nonviolent" at the National Civil Rights Museum. The Collage Dance Collective will perform "Rise" on Feb. 20-22. Dom Flemons will bring The Bronze Buckaroo Film & Songster Show to Crosstown on Feb. 23. Finally, Black Children’s Books and Authors will hold a free read-in "Our Stories Matter" on Feb. 28 at the Benjamin L. Hooks Central Library. The Commercial Appeal has more on these events.

Newly appointed Shelby County Interim Chief Public Defender Jerri Green has plans to improve morale, client experience and staffing, the Daily Memphian reports. Green was appointed by Shelby County Mayor Lee Harris on Jan. 6 following the retirement of longtime chief Phyllis Aluko. In an interview with the paper, Green says she is focused on making the office more welcoming for clients while addressing long-standing resource gaps and increased caseloads tied to a recent surge in arrests. The office has faced staffing shortages and morale challenges, even as demand for its services remains high in a county where many defendants cannot afford private counsel. Green, a Memphis City Council member and Democratic candidate for governor, said her priority is quality representation over speed, emphasizing constitutional rights and opposing what she described as “assembly line justice.”

Gov. Bill Lee used his final State of the State address Monday to urge lawmakers to significantly expand Tennessee’s school voucher program, while unveiling a $57.9 billion budget proposal that would double the number of available vouchers, Axios reports. The Education Freedom Scholarship program currently serves 20,000 students, but Lee said 54,000 applications already have been submitted for the upcoming academic year, prompting his proposal to spend $155 million to add more slots. The budget also includes $339 million in new public school funding, including higher starting pay for teachers, and funding for road and bridge projects, the state park system and crime prevention efforts in Memphis. Lee also proposed permanently assigning 100 Tennessee Highway Patrol troopers to Shelby County, rolling back health care regulations to unlock more than $1 billion in potential federal rural health grants, and investing in emerging technologies, including nuclear technology companies and the quantum computing industry. Read more in the press release from the governor's office.

Ahead of the address, Senate Democratic Leader Raumesh Akbari of Memphis released a video prebuttal criticizing the administration and arguing that the governor's priorities fail to address rising costs for working families. Akbari called for ending the grocery tax, expanding health coverage and increasing investment in public schools according to the Tennessee Tribune.

The Federal Emergency Management Agency (FEMA) announced Friday it will deliver more than $11 million in combined emergency assistance to Tennessee, Mississippi and Louisiana to speed disaster responses following a severe winter storm, according to Tennessee Lookout. The funding includes $3.75 million to reimburse the state of Tennessee. The money may be used for generator deployment, temporary heating for facilities and vulnerable populations, emergency debris removal, shelter operations, activation of state and local emergency operations centers, emergency logistics, medical support and law enforcement and public safety operations. Last week, President Donald Trump approved emergency declarations for 12 states, including Tennessee. Gov. Bill Lee also is seeking an expedited major disaster declaration for 23 counties in the state.

Tennessee Attorney General Jonathan Skrmetti has announced that states across the country have reached settlements totaling $17.85 million with two drug companies, Lannett and Bausch Health. According to a press release, the settlements are part of a nationwide effort to hold drug companies accountable for alleged price-fixing schemes, which reportedly increased the cost of everyday medications. Under the settlements, the companies will compensate consumers and change internal practices to promote fair competition. They also agreed to cooperate with ongoing lawsuits against other companies involved in the alleged schemes. Consumers who purchased generic prescription drugs made by Lannett or Bausch Health between May 1, 2009, and Dec. 31, 2019, may be eligible for compensation.

University of Tennessee (UT) quarterback Joey Aguilar has filed a lawsuit against the NCAA in Knox County Chancery Court seeking to extend his eligibility and play for the Volunteers in the 2026 season. According to Knox News, Aguilar is seeking a temporary restraining order against the NCAA, whose rules state that he has exhausted his eligibility. The complaint states that UT football has an available roster spot and name, image and likeness (NIL) money for him in the 2026 season. The filing comes after Aguilar separated from a federal lawsuit brought by Vanderbilt quarterback Diego Pavia, which challenges the NCAA’s eligibility rules regarding former junior college players. Pavia’s lawsuit has 25 additional players remaining as plaintiffs.

Save the date for the TBA's 2026 Dispute Resolution Forum set for May 7. This year's program will be presented as a live virtual event from 9 a.m. to 1 p.m. CDT. Register now or watch for more details coming soon on the TBA website. Dispute Resolution Section members received discounted registration. Not a member yet? Get started here.

TBA YLD District Representative Grace Burnett will be holding an Essential Documents clinic for the Wilson County Sheriff's Office on March 23. The clinic will run from 9 a.m.-noon CDT at 105 E. High St., Lebanon 37087. Email gbenitoneburnett@raineykizer.com to volunteer.