APPELLATE COURT OPINIONS

The appellants to this action are either current or retired firemen for the Division of Fire Services of Memphis, Tennessee (Division).1 They appeal from a judgment of the trial court in favor of Appellees, City of Memphis, Tennessee (City), the Division, Dr. W. W. Herenton, Mayor, Westelle Florez, Director of the Division of Personnel, and Charles Smith, Director of the Division, on their action seeking declaratory and injunctive relief regarding the appellees’ method of computing pension benefits for those firefighters employed by the City for 30 or more years. After review of the record, we vacate the judgment of the trial court and remand this cause for further proceedings consistent with this opinion. We set forth our reasons below.

The sole issue in this appeal is whether the trial court abused its discretion in denying the motion filed by Appellant, Eastera Bell Porter, individually and as surviving spouse and next friend of Jasper D. Porter, deceased, under Rule 60 T.R.C.P., to set aside the summary judgments entered in favor of the appellees, Jesse McGee, M.D. and Methodist Hospitals of Memphis (Methodist). After review of the record, we find an absence of abuse by the trial court in this regard and affirm. We set forth our reasons below.

The issue before this Court is whether the trial court erred in dismissing Plaintiff’s suit for lack of jurisdiction. Plaintiff sued the defendants alleging he was wrongfully evicted from property located at 3211 Ashwood, Memphis, Tennessee. He further alleged that the defendants were in further violation of the Uniform Residential Landlord and Tenant Act set forth at T.C.A. § 66-28-101 et seq. as follows: § 66-28-501 (noncompliance with rental agreement by landlord); § 66- 28-502 (failure to supply essential services) and § 66-28-504 (unlawful ouster, exclusion, or diminution of service).

Claude D. Williams (Husband) appeals from the trial court’s award of rehabilitative alimony to be paid to Monica R. Williams (Wife) at $500 per month for eighteen months. This was a marriage of approximately five years duration. Wife was a junior in college attending school full-time and working two part-time jobs. She testified that her net income was $880 and her expenses $1,507 per month. Husband has an engineering degree and earns approximately $38,000 annually. No children were born to the marriage. Wife was granted the divorce on the grounds of inappropriate marital conduct.