# FILED Dec. 30, 1996 Cecil Crowson, Jr . Appellate Court Clerk IN THE COU RT OF A PPEA LS OF TENN ESSEE WESTERN SECT ION A T JA CKSON

-------------- -------------- -------------- -------------- -------------- -----

RAMONA

C. SCHRAD ER, ) ) HENRY CHANCERY Defendant\Appellee ) v. ) ) A. L. SCHRA DER, ) Appeal No. 02A01- 9605-CH-00108 ) Petitioner\Appe llant )

APPEAL FROM THE CH ANCER Y COU RT OF G IBSON COUN TY

AT TRENTON, TENNESS EE THE HONORABLE GEORGE R. EL LIS, CHANC ELLOR

L. L. HARR ELL, JR. JULIA J. TA TE Harrell & Harrell Gracey, R uth, Howar d, Tate NW Court Square & Sowell Trenton, TN 38382 150 Second Avenue North, Suite 201 Nashvil le, TN 37201

AF FIRMED WILLIA M H. INM AN , SENIOR JUD GE CONCUR: AL AN E. HIGHERS , JUDGE HOLLY L ILLA RD, JUDGE
M E M O R A N D U M O P I N I O N1 10. Affirmance Without Opinion - Memorandum Opinion. (b) Memorandu m Opinion. The Court, with the concurrence of all judges participati ng int he cas e, may affirm, rev erse or modify

the actions of the trial court by memor andum opinion when a f ormal opinion would have no precedential value. When a case is dec ided by memorandu m opinion it shall be designated “MEMORA NDUM OPINION,’ s hall not be published, and shal l n ot be cited or relied on for any reason in a subsequent unrelated case. [As amended by order

filed April 22, 1992.} These parties were divorced in 1981 follow ing a 25-year marriag e and the birth of three c hildren. The appel lant was o rdered to pay alimony of $950.00 monthly, well wi thin his means as a practici ng physi cian. He is now 70 years old and in declining health. He has retired from practice and alleges this fact superi mposed upon his frai lty amounts t o such a chang e of circumstances as to justify and require a reduction in the ordered payments. The evidence reveals that he has a minimum of $457,200. in assets and the overall thrust of the ev idence justi fies the conclus ion of the trial judge that th e appellant had failed to prove s uch a change i n circumstanc es as woul d require a reduction in his alimony obligatio n. Our rev iew of the findi ngs of fact made by the trial court is de novo

upon the re cord of t he tr ial co urt, acco mpa nied by a presumption of the cor rectness of the findi ng, unless t he preponderance of the evidence i s otherwi se. T ENN . C ODE A NN . § 50-6-225(3) (2). Stone v. City of McMinnvi

lle, 896 S.W.2d 584 (Tenn. 1991). We think this is a proper case for affirmance purs uant to R ULE 10, R ULES OF THE C OURT OF A PPEALS . 1 The case is remanded for the assessment of attorney fees in the trial court and on appeal as cos ts, whic h are taxed t o the appellant.

W illiam H. I nman, Senior Ju dge CONCUR:

______________________________ Alan E. Hi ghers, Ju dge

_______________________________ Holly Lillard , JudgeIN THE COU RT OF A PPEA LS OF TENN ESSEE WESTERN SECT ION A T JA CKSON

-------------- -------------- -------------- -------------- -------------- -----

RAMONA

C. SCHRAD ER, ) ) HENRY CHANCERY Defendant\Appellee ) v. ) ) A. L. SCHRA DER, ) Appeal No. 02A01- 9605-CH-00108 ) Petitioner\Appe llant )

__________________________________________ ______________________ J U D G M E N T

__________________________________________ ______________________
This cause came on t o be regular ly heard an d considered by this Court , and for the reasons stated in the Memorandum Opinio n of this Court, of even date , it is Ordered:
1. The judgment of the trial cour t is affirmed. 2. Costs of thi s appeal are taxed against theappellant for w hich execut ion may is sue i f ne cess ary.

ENTER:

W illiam H. I nman, Senior Ju dge

_________________________________ Alan E. Hi ghers, Ju dge

_________________________________ Holly Lillard , Judge