APPELLATE COURT OPINIONS

The determinative issue on appeal is whether the appeal should be dismissed because the appellant did not file notice of the appeal with the clerk of the appellate court designated in the notice of appeal.

Daniel P. Taylor (“claimant”) filed this suit against the State of Tennessee (?defendant” or “State”) in the Tennessee Claims Commission for damages he allegedly sustained due to the malpractice of his court- appointed attorney. The Claims Commission granted defendant’s motion to dismiss for lack of subject matter jurisdiction. The sole issue presented by this appeal is whether the commissioner erred in so doing. We find no error and affirm.

While I concede tha the majority opinion is technically correct and the reasoning employed comports with previous case law, I observe that this Court, or at least this member of this Court, has routinely overruled such motions when the only defect as to the serviceof thenotice of appeal is failure to file a copy with the Clerk of this Court.

The captioned plaintiff has appealed from an order of the Trial Court reading as follows: This matter came to be heard on June 2, 1995, upon the motion to dismiss filed on behalf of the defendants, Tennessee Department of Labor and Al Bodie, Commissioner of the Tennessee Department of Labor. Upon consideration of the pleadings filed and the argument of counsel, the Court finds that this matter should be dismissed on the basis that the Court lacks jurisdiction as the petition for judicial review was not filed within sixty days of the final agency action as required by T.C.A. §4-5-322. Therefore, it is hereby ORDERED that the defendants’ motion to dismiss is GRANTED. Costs shall be taxed to the petitioner. On appeal, plaintiff presents a single issue as follows: Did the Chancery Court err in dismissing this matter for lack of jurisdiction on the basis that the complaint was not timely filed?

The determinative issue on appeal is whether the appeals should be dismissed because the appellant did not file notice of the appeal with the clerk of the appellant court designated in the notice of appeal.

In this divorce action, the husband appeals from the Trial Court's determination of the classificatin of property as marital property and the division of the marital estate.

The issues in this appeal are (1) whether the chancellor erred in granting a judgment against a corporation for back wages, (2) whether the chancellor should have pierced the corporate veil and granted a judgment against the corporation’s principal shareholder and (3) whether the court erred in dismissing the fraud claims against the principal shareholder. We affirm the chancellor’s decision in part and reverse on the fraud claims made directly against the principal shareholder.

This case involves an alleged breach of fiduciary duty by the conservator of an estate. After a bench trial, the trial court held that the plaintiff had failed to prove a breach of fiduciary duty. We find that the trial court misapplied the burden of proof and reverse the trial court’s decision.

The issues raised in this divorce case involve the award of alimony, attorney’s fees, and discretionary costs. We modify the lower court’s judgment to delete the award of alimony in solido. Otherwise, we affirm.