APPELLATE COURT OPINIONS

Christopher Scott Wells (“Father”) and Betty Sue Wells (“Mother”) divorced in October 1997. By the terms of their Marital Dissolution Agreement (MDA), the parties had joint custody of the two children with Mother as primary custodian. Shortly after the MDA was accepted by the court, Father changed his mind. He sought custody of the children based on Mother’s relationships with men. The trial court found no change in circumstances and left custody with Mother. Because of evidence of the children’s altered behavior during their visit with Father, we find it necessary to remand the case to the trial court for a determination of the best interests of the children, including the comparative fitness of the parents at the time of the hearing on remand.

The divorced mother of a minor child claimed that her former husband and his employer conspired to fraudulently understate the husband’s income, in order to defeat her attempts to have his child support obligation increased to an appropriate amount. The trial court granted summary judgment to the defendants. We reverse.

Appellant leased equipment to United American Bank (“UAB”) for a seven year term. Three years into the lease, UAB was closed by the Tennessee Commissioner of Banking and FDIC FILED February 9, 2000 Cecil Crowson, Jr. Appellate Court Clerk 2 was appointed as receiver. Appellant filed a claim with FDIC seeking recovery of the full amount due on the lease. The Trial Court granted summary judgment to FDIC, thus upholding the constitutionality and applicability of T.C.A. § 45-2-1504(b), which provides that lessors can recover a maximum of two months’ lease payments after a Tennessee bank fails and is closed. In this appeal, lessor contends that T.C.A. § 45-2-1504(b) violates the Equal Protection Clauses of the U.S. and Tennessee Constitutions by treating lessors differently from other contract claimants and that the application of the statute results in an unconstitutional taking of its property without due process of law in violation of the Fourteenth Amendment to the U.S. Constitution and Article I, Section 21 of the Tennessee Constitution. For the reasons herein stated, we affirm the judgment of the Trial Court.