APPELLATE COURT OPINIONS

This is an appeal from the chancellor’s denial of Defendant’s motion to alter or amend findings of fact. The question to be answered is whether the “newly discovered evidence rule”  would allow the presentation post-trial of evidence which the proponent concedes he could have produced at trial. The defendant contends that evidence which tends to show misrepresentation on the part of a nonmovant should be allowed under a motion pursuant to Tenn. R. Civ. P. 52, 59 and 60 regardless of whether it was discoverable at trial. Under the circumstances of the case at bar, we cannot agree.

This appeal involves an inmate seeking to purse a 42 U.S.C. § 1983 claim against two prison officials. The Circuit Court for Hickman County dismissed the inmate’s claim for failure to comply with Tenn. Code Ann. § 41-21-805 (1997). On this appeal, the inmate asserts that the trial court erred by dismissing his complaint and by declining to grant his request for a temporary injunction. We affirm the dismissal of the inmate’s suit in accordance with Tenn. Ct. App. R . 10(b).1

In this divorce action, the husband appealed from the award of alimony
to the wife.