Jere R. Young v. Ramona L. Kittrell

This appeal is from the dismissal on the pleadings of appellant's action against his former wife for contribution. The claim
arose out of payments he made in settlement of judgments which he alleges were joint liabilities. The only ground the trial
court stated for the dismissal was lack of jurisdiction. We reverse the decision of the trial court and remand the cause to
the Circuit Court of Smith County for further proceedings. I. Facts and Procedural History The parties were divorced by a decree of the Circuit Court of Smith County, entered October
12, 1984. The divorce decree provides that "all debts for which the parties are jointly liable shall remain joint debts."
Prior to the divorce, at all times relevant to this case, appellant was president and appellee was treasurer of Jere Young
Chrysler-Plymouth, Inc. In 1980 the corporation executed a note for which both parties gave their personal guaranties. The
corporation defaulted on the note, and on March 8, 1988, the United States Small Business Administration filed an action against
the guarantors in the United States District Court for the Middle District of Tennessee, for judgment on the remaining balance
plus interest. Ramona L. Young Kittrell reached a compromise settlement and was dismissed with prejudice from that case by
virtue of a stipulation of dismissal, filed February 28, 1989. The complaint in the instant case alleges that Ms. Kittrell
paid $5,000 as consideration for the dismissal. 1 On April 21, 1989, judgment was entered against Mr. Young. On September
26, 1989, Mr. Young was released from the judgment lien pursuant to a compromise settlement. The complaint in the instant
case alleges that he paid $40,833.02 as consideration for this release.