No. 03A01-9701-00040.Court of Appeals of Tennessee. Eastern Section.
August 28, 1997.
Appeal from Monroe County, Hon. John B. Hagler, Jr., Judge.
AFFIRMED AND REMANDED.
J. REED DIXON OF SWEETWATER FOR APPELLANT.
DONALD B. REID OF ATHENS FOR APPELLEE.
OPINION
GODDARD, P.J.
Tracie Amanda Hayes, Defendant-Appellant, appeals a judgment of the Circuit Court for Monroe County which awarded custody of her minor child, Trenton Cody Hayes, to his father, Edward LeRoy Hayes, II, Plaintiff-Appellee.
Ms. Hayes’ issue on appeal contends that the Trial Judge made findings of fact not supported by the evidence, resulting in his improperly awarding custody of the child to Mr. Hayes.
We concede the Trial Court made certain findings of fact which are not supported by the narrative statement of the evidence.[1] However, because there is ample evidence in the statement of the evidence to justify the Court’s awarding custody to Mr. Hayes, we conclude that this is an appropriate case for affirmance under Rule 10(a) of this Court.
For the foregoing reasons the judgment of the Trial Court is affirmed and the cause remanded for collection of costs below. Costs of appeal are adjudged against Ms. Hayes and her surety.
_______________________________ Houston M. Goddard, P.J.
CONCUR:
________________________________ Herschel P. Franks, J.
________________________________ Don T. McMurray, J.