Etta Mechelle Parks v. Craig DeWayne Parks ( 1998 )

COURT OF APPEALS OF TENNESSEE
AT KNOXVILLE FILED
July 8, 1998
ETTA MECHELLE PARKS, ) C/A NO. 03A01-9711-GS-00519
Cecil Crowson, Jr.
) Appellate C ourt Clerk
Plaintiff-Appellant, )
)
)
)
v. ) APPEAL AS OF RIGHT FROM
) THE CAMPBELL COUNTY
) GENERAL SESSIONS COURT
)
)
)
)
CRAIG DEWAYNE PARKS, )
) HONORABLE ROCKY H. YOUNG,
Defendant-Appellee. ) JUDGE
For Appellant For Appellee
JOHNNY V. DUNAWAY J. STEPHEN HURST
Dunaway Law Office Rogers, Hurst & Kruskenski
LaFollette, Tennessee LaFollette, Tennessee
MEMORANDUM OPINION
AFFIRMED AND REMANDED Susano, J.
1
In this divorce case, the appellant Etta Mechelle Parks
argues that the trial court erred in awarding her former husband,
Craig Dewayne Parks, custody of their two boys, ages seven and
almost four. We do not find that the evidence preponderates
against the trial court’s custody decree. See Rule 13(d),
T.R.A.P.; Hass v. Knighton, 676 S.W.2d 554, 555 (Tenn. 1984).
Accordingly, we cannot say that the trial court abused its
discretion in placing the children’s sole custody with Mr. Parks.
See Grant v. Grant, 286 S.W.2d 349, 350 (Tenn.App. 1954).
The appellee seeks damages for a frivolous appeal
pursuant to the provisions of T.C.A. § 27-1-122. While we have
decided appellant’s sole issue adverse to her, we do not find her
appeal to be frivolous.
The judgment of the trial court is affirmed pursuant to
the provisions of Rule 10(b), Rules of the Court of Appeals.1
Costs on appeal are taxed to the appellant and her surety. This
case is remanded to the trial court for enforcement of the
judgment and for collection of costs assessed below, all pursuant
to applicable law.
___________________________
Charles D. Susano, Jr., J.
1
Rule 10(b), Rules of the Court of Appeals, provides as follows:
The 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 “MEMORANDUM
OPINION,” shall not be published, and shall not be
cited or relied on for any reason in a subsequent
unrelated case.
2
3
CONCUR:
________________________
Houston M. Goddard, P.J.
________________________
Don T. McMurray, J.
4