APPELLATE COURT OPINIONS

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 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 appellant, Daniel G. Hampton, was convicted of driving under the influence, second offense, a Class A misdemeanor, two counts of driving on a revoked license, Class B misdemeanors, and violation of the implied consent law by a jury of his peers. The trial court sentenced the appellant to eleven months and twenty-nine days in the Carter County Jail with all but seventy days suspended for the driving under the influence, second offense; six months suspended in the Carter County Jail for driving on a revoked license on April 9, 1994 which was ordered to run concurrently with the other sentences; and six months in the Carter County Jail with all but twenty days suspended for driving on a revoked license on April 1, 1994 which was ordered to run consecutively to the driving under the influence, second offense conviction.

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.