FILED

November 23, 1998

Cecil Crowson, Jr.

Appellate Court

Clerk

IN THE COURT OF APPEALS 

AT KNOXVILLE

TRUDY R. SWATZELL PARMAN ) GREENE COUNTY

) 03A01-9808-CH-00258

Plaintiff-Appellant )

)

 )

v . ) HON. THOMAS R. FRIERSON, II

) CHANCELLOR

 )

MARK ROBERT SWATZELL and )

COVEY DIANE KELLEY SWATZELL )

)

Defendants-Appellees ) AFFIRMED AND REMANDED

TRUDY R. SWATZELL PARMAN, Pro Se

JACK H. BURKHARD OF GREENEVILLE FOR APPELLEES

O P I N I O N

 Goddard, P.J. 

Trudy Rose Swatzell, now Parman, prosecuting this

case–-both below and on appeal–- pro s e , filed a complaint on

April 6, 1998, which is styled “Petition to Correct Adoption

Agreement” against her former husband, Mark Robert Swatzell and

his present wife, Covey Dianne Kelly Swatzell. Ms. Swatzell had

adopted the children of Ms. Parman and Mr. Swatzell-–Jessica

Nicole Swatzell (d.o.b. 7/2/81), and Chuck Robert Swatzell

(d.o.b. 5/23/83)--by a decree filed in February 1992. 
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Ms. Parman alleges harassing tactics, threats of

imprisonment, and lies as to her, and misleading statements to

the Trial Court in support of her petition.

Her petition seeks the following relief:

1. That the order to waive the order of

reference, social investigation and report to the court

pursuant to statute, be reversed. That the court order

a complete investigation.

2. That a counselor for the children be appointed

by the court.

3. That legal counsel be appointed by the court

to represent the children. 

4. That the children be allowed to report their

circumstances and wishes before the court personally. 

That their safety from abuse by MARK ROBERT SWATZELL be

insured for this event.

5. That the visitation rights of the natural

mother TRUDY ROSE SWATZELL PARMAN be followed in

accordance to the divorce decree, and in accordance to

the wishes of the children.

6. That all costs for this petition, legal

counsel, and counselor, and subsequent evaluations be

borne by MARK ROBERT SWATZELL and COVEY DIANE KELLEY

SWATZELL.

7. That MARK ROBERT SWATZELL and COVEY DIANE

KELLEY SWATZELL be ordered to forfeit the $500 dollar

bond assertion from the prior agreement, and be paid

directly to the children, due to the fact of their

injury of the children through their lies,

misrepresentations to the court, and deprivation of

communication with their natural mother.

The Swatzells filed a motion seeking dismissal of the

petition and in the alternative for a summary judgment. As a

predicate for their motion they make the following allegations:
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Defendants aver that the Plaintiff’s “ Petition to

Correct Adoption ” (s.i.c.) is (1) time barred pursuant

to statute; (2) is time barred based upon the doctrine

of laches, acquiescence and estoppel; (3) time barred

upon equitable principles that the parent-child(ren)

relationship has existed for over six (6) years between

Defendants and the children vis a vis adoption, and

that the State of Tennessee has an interest in

protecting such interest; (4) that Plaintiff has no

legal standing to bring this action; (5) that the

Complaint fails to state a claim upon which relief can

be granted; (6) there has been no Motion for Relief

from the Judgment filed pursuant to T.R.C.P. Rule 60;

and (7) the Final Decree is res judicata.

Defendants are entitled to Summary Judgment as a

matter of law because the pleadings and Affidavits show

that there are no material issues of fact in dispute. 

Brief of law in support of this Motion is attached

herewith and made a part of this Motion.

The Chancellor filed a memorandum opinion (see

appendix) which we believe correctly addresses the questions

raised in this appeal. We accordingly adopt his opinion as the

opinion of this Court. 

For the foregoing reasons the judgment of the Trial

Court is affirmed and the cause remanded for such further

proceedings, if any, as may be necessary and collection of costs

below. Costs of appeal are adjudged against Ms. Parman and her

surety.
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_______________________________

Houston M. Goddard, P.J. 

CONCUR:

________________________________

Herschel P. Franks, J.

________________________________

Don T. McMurray, J.