IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE February 12, 2003 Session STATE OF TENNESSEE , EX REL. ROBYN L. WEST v. JACKSON B. WEST Appeal from the Chancery Court for Greene County No. 88-195 Thomas R. Frierson, II, Chancellor

FILED APRIL 3, 2003 No. E2002-01667-COA-R3-CV

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

I reluctantly concur in the result reached by the majority opinion, but only on the ground of res judicata.

My reluctance stems from the fact that Mr. Russell, the biological father, is presently married to the child's mother, and presumably is content to permit Mr. West to continue to support Mr. Russell’s own flesh and blood.

_________________________________________ HOUSTON M. GODDARD, PRESIDING JUDGE