IN THE COURT OF APPEALS OF TENNESSEE MIDDLE SECTION AT NASHVILLE

JOE LARRY TURNBO ) ) Plaintiff/Appellant, ) ) Wayne Chancery ) No. 8490 VS. ) ) Case No. ) 01-A-01-9307-CH-00314 BRENDA JANE (THOMPSON) ) TURNBO ) Defendant/Appellee. ) ) FILED December 30, 1997 ORDER Cecil W. Crowson Appellate Court Clerk The opinion filed by this Court on December 11, 1996, is withdrawn, and a revised opinion filed simultaneously with this order is substituted therefor.

The judgment entered on December 11, 1996, is hereby set aside and the following judgment is substituted therefor.

In accordance with the opinion of the Court filed herein, the judgment of the Trial Court is affirmed. Costs of this appeal are assessed against the appellant and his surety. The cause is remanded to the Trial Court for further proceedings.

ENTER ______________.

_________________________________ HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION

_________________________________ SAMUEL L. LEWIS, JUDGE

_________________________________ WILLIAM C. KOCH, JR., JUDGE