IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE June 2000 Session WATAUGA INDUSTRIES, INC. v. HARRY W. GREENWELL, ET AL.

Appeal from the Chancery Court for Carter County Nos. 23028, 31265, and 21971 G. Richard Johnson, Chancellor FILED JULY 19, 2000 No. E1999-00699-COA-R3-CV

HOUSTON M. GODDARD , P.J., concurring.

I concur in the reasoning and the result reached by Judge Swiney's opinion under the record presented in this case. I write separately to express concern regarding T.C.A. 50-7-304(h), which, on its face, could terminate litigants' rights without their ever being notified. In my view such a statute would violate the due process provisions of both the Constitutions of Tennessee and of the United States. However, because this issue was not raised below nor on appeal I am disinclined to raise it sua sponte; hence, my concurrence.

_________________________________________ HOUSTON M. GODDARD, PRESIDING JUDGE