APPELLATE COURT OPINIONS

This is a post-divorce proceeding involving the custody of the parties' one minor child, Rex M. Massengale, Jr., whose date of birth is September 20, 1985. The parties were divorced by the "Final Judgment and Decree" of the Dade County, Georgia, Superior Court entered on October 19, 1993. That document approved and adopted the parties' agreement that the child's custody should be vested with his mother, Audrey L. Williamson1 (Mother2). The instant controversy was initiated by the child's father, Rex M. Massengale, Sr. (Father), on November 16, 1994, not quite 13 months after the divorce, when he filed a petition to change the child's custody. After a bench trial, the trial court dismissed the Father's petition. Father appeals, raising two issues:

This suit was brought against the City of Johnson City(Johnson City) pursuant to the Tennessee Governmental Tort Liability Act (GTLA), T.C.A. § 29-20-101, et seq. The plaintiff, 1 The wife's claim was for loss of services, companionship, consortium, etc. 2 Alfred Carroll Jones (Jones), was injured while working at the Towne Acres Elementary School, a facility owned and operated by Johnson City. At the time of the injury, the school was closed while an addition was being built to the existing structure. The trial court granted Johnson City's motion for summary judgment, holding that Jones expressly assumed the risk of his injury and "as a matter of law that [Johnson City] owed no legal duty to" Jones based on the undisputed facts. Jones and his wife, the
plaintiff Betty Jones1, appeal, raising the following issues:

First Tennessee has filed a petition for rehearing. The petition basically argues two points: first, that the undisputed material facts show that the defendants did not timely assert their claims of misrepresentation, and hence waived them; and second, that we erred in construing the parties' "First Modification, Renewal, and Extension Agreement and Apointment of Successor Trustee."

Eddie Wililams, Jr. ("petitioner") filed a pro se Petition for Writ of Certiorari in the Circuit Court of Laderdale County against the Tennessee Department of Correction ("TDOC" or respondent"), seeking court review of actions taken by a prison disciplinary board, prison warden, and the department commissioner. Due process violations resulting therefrom were also alleged. The trial court granted summary judgment to respondent and petitioner has appealed. On appeal, a single issue was presented for review: whether the trial court erred in granting summary judgment. For the reasons stated hereinafter, we reverse the judgment of the trial court.

The Appellant has appealed from a judgment denying its "Application for Execution." We affirm.