IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE FILED October 9, 1998 MATHIVATHANI MOHAN, ) Cecil W. Crowson ) Appellate Court Clerk Plaintiff/Appellee, ) Appeal No. ) 01-A-01-9708-CV-00415 ) VS. ) Davidson Circuit ) No. 96D-373 ) RATHNASABAPATHY MOHAN, ) ) Defendant/Appellant. )

DISSENTING OPINION

I respectfully dissent from the majority opinion because I do not think the trial judge abused her discretion in denying the appellant’s motion for a new trial. The appellant’s motion does not set out what proof he would offer at a new trial and how that might change the result below. Therefore, I think the trial judge justifiably overruled the motion.

_________________________________ BEN H. CANTRELL, JUDGE