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State of Tennessee Department of Human Services, ex rel. Tracy Ellis v. Malcolm Humes
State: Tennessee
Court: Court of Appeals
Docket No: W2004-00602-COA-R3-JV
Case Date: 03/10/2005
Plaintiff: State of Tennessee Department of Human Services, ex rel. Tracy Ellis
Defendant: Malcolm Humes
Preview:IN THE COURT OF APPEALS OF TENNESSEE
AT JACKSON
February 15, 2005 Session

STATE OF TENNESSEE DEPARTMENT OF HUMAN SERVICES, ex rel.,
TRACY ELLIS v. MALCOLM HUMES

A Direct Appeal from the Juvenile Court for Shelby County
No. G3291  The Honorable Kenneth Turner, Judge

No. W2004-00602-COA-R3-JV - Filed March 10, 2005
Appellant seeks relief, ostensibly under Tenn. R. Civ. P. 60.02, from final orders establishing paternity and setting child support obligations. Because Appellant failed to timely file his petition to establish fraud and/or misrepresentation and because the equities in this matter do not support the disestablishment of paternity, we affirm.

Tenn. R. App. P. 3; Appeal as of Right; Judgment of the Juvenile Court Affirmed
W. FRAN K CRAWFORD, P.J., W.S., delivered the opinion of the court, in which ALAN E. HIGHERS,
J. and DAVID R. FARMER, J., joined.
Edwin C. Lenow of Memphis for Appellant, Malcolm Humes
Paul G. Summers, Attorney General and Reporter; Stuart F. Wilson-Patton, Senior Counsel for Appellee, State of Tennessee, ex rel., Tracy Ellis


OPINION
Tracy L. Ellis is the mother of the two minor children at issue in this case: O.T.H.E. (d.o.b. 3/10/93) and N.L.E. (d.o.b. 10/1/94).  On August 10, 1994, the State of Tennessee (
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