APPELLATE COURT OPINIONS

This appeal seeks review of a post-divorce decree judgment entered by the Trial Court on December 6, 1996, finding the husband guilty of contempt, adjusting alimony and child support, determining the amount of unpaid arrearage of each, ordering monthly payments of the adjudicated arrearage and committing the husband to jail upon failure to pay any monthly installment required by the order. On August 1, 1997, this Court filed an opinion disposing of a previous appeal from an order entered by the Trial Court December 22, 1995. No application was filed for permission to appeal to the Supreme Court, and mandate was issued to the Trial Court. The August 1, 1997 judgment of this Court is now final.

Custody of the five-year-old son of these parties was awarded to the appellee-mother in a post-divorce hearing. The parties initially agreed upon joint custody.  The father appeals, complaining essentially that the Chancellor relied too heavily on the tender years doctrine. We cannot substitute our judgment for that of the Chancellor, but are bound by the limitations imposed by TENN. R. APP. P., RULE 13(d). Unless the  evidence preponderates against the judgment, we must affirm.

This action to recover a commission on the sale of real estate was dismissed at the close of the plaintiff’s case. She appeals and presents for review the propriety of the dismissal of her case.