State, ex rel City of Lafayette v. Mowell ( 1999 )

IN THE COURT OF APPEALS OF TENNESSEE
AT NASHVILLE
FILED
THE STATE OF TENNESSEE, ex rel., ) July 27, 1999
THE CITY OF LAFAYETTE, )
TENNESSEE, ) Cecil Crowson, Jr.
A municipal corporation, ) Appellate Court Clerk
)
Plaintiff/Appellant, )
) Appeal No.
) 01-A-01-9810-CV-00520
VS. )
) Macon Circuit
) No. 3893
RONALD J. MOWELL, LINDA J. )
MOWELL and DAVID R. W ILSON, )
)
Defendant/Appellee. )
APPEALED FROM THE CIRCUIT COURT OF MACON COUNTY
AT LAFAYETTE, TENNESSEE
THE HONORABLE BOBBY CAPERS, JUDGE
LISA COTHRON STINNETT
100 W. Locust Street
Lafayette, Tennessee 37083
Attorney for Plaintiff/Appellant
B. KEITH WILLIAMS
102 East Main Street
Lebanon, Tennessee 37087
Attorney for Defendant/Appellee
AFFIRMED AND REMANDED
BEN H. CANTRELL,
PRESIDING JUDGE, M.S.
CONCUR:
KOCH, J.
CAIN, J.
OPINION
In this condemnation case the only question is whether there is any
material evidence to support the jury’s verdict. We affirm the judgment below.
I.
Ronald and Linda Mowell owned a home on a quiet street in Lafayette.
In improving the street in front of the Mowells’ home, the City lowered it, straightened
it out, and converted a quiet street into an industrial access road. The City took 0.149
acres of the Mowells’ property. The Mowells’ house is now elevated from the street,
with a steeper driveway, and a bank next to the road and along the driveway that
cannot be mowed because of its steepness.
Mr. and Mrs. Mowell testified that the value of their property after the
completion of the project was $30,000 less than it was before the taking. The City
called an appraiser who testified that the Mowells’ damage amounted to $9,000. The
Mowells also called an appraiser who gave his opinion that they had been damaged
in the amount of $13,850. The jury returned a verdict for $20,000.
II.
The City argues on appeal that the Mowells’ testimony was incompetent
and that the upper limit of the range of reasonableness was $13,850. The argument
is based on the fact that the Mowells gave their opinion on values as of the date of the
trial rather than on the values as of the date of the taking. See Love v. Smith, 566
S.W.2d 876 (Tenn. 1978).
A property owner is competent to testify to the value of his/her own
property. Rule 701(b), Tenn. R. Evid. We think the City overstates what the record
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shows with respect to the inadequacy of the Mowells’ testimony, but it is clear
nonetheless that the evidence came in without objection. Absent extraordinary
circumstances, a trial judge cannot be reversed for the admission of inadmissible
evidence unless “a timely objection or motion to strike appears of record, stating the
specific ground of objection.” Rule 103(a)(1), Tenn. R. Evid.; In re Estate of
Armstrong, 859 S.W.2d 323, 328 (Tenn. App. 1993).
A companion rule to Rule 103(a)(1), Tenn. R. Evid., is Rule 36(a), Tenn.
R. App. Proc., which provides that relief is not generally available in the appellate
courts to a party who failed to take whatever action was reasonably available to
prevent or nullify the harmful effect of an error. This rule follows a long line of cases
holding that the failure to object to the admission of evidence in the trial court is fatal
to the chance to assign the admission of that evidence as error in the appellate court.
Anderson v. State, 341 S.W.2d 385 (Tenn. 1960); Wilkerson v. State, 348 S.W.2d 314(Tenn. 1961); Vowell v. State, 341 S.W.2d 735 (Tenn. 1960).
We think the record contained evidence supporting the jury’s verdict.
Therefore, the judgment of the court below is affirmed and the cause is remanded to
the Circuit Court of Macon County for any further proceedings necessary. Tax the
costs on appeal to the appellant.
______________________________
BEN H. CANTRELL,
PRESIDING JUDGE, M.S.
CONCUR:
_____________________________
WILLIAM C. KOCH, JR., JUDGE
_____________________________
WILLIAM B. CAIN, JUDGE
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IN THE COURT OF APPEALS OF TENNESSEE
AT NASHVILLE
THE STATE OF TENNESSEE, ex rel., )
THE CITY OF LAFAYETTE, )
TENNESSEE, )
A municipal corporation, )
)
Plaintiff/Appellant, ) Appeal No.
) 01-A-01-9810-CV-00520
)
VS. ) Macon Circuit
) No. 3893
)
RONALD J. MOWELL, LINDA J. ) Affirmed and
MOWELL and DAVID R. W ILSON, ) Remanded
)
Defendant/Appellee. )
JUDGMENT
This cause came on to be heard upon the record on appeal from the
Circuit Court of Macon County, briefs and argument of counsel; upon consideration
whereof, this Court is of the opinion that in the judgment of the trial court there is no
reversible error.
In accordance with the opinion of the Court filed herein, it is, therefore,
ordered and adjudged by this Court that the judgment of the trial court is affirmed.
The cause is remanded to the Circuit Court of Macon County for the execution of the
judgment of that court and for the collection of the costs accrued below.
Costs of this appeal are taxed against the City of Lafayette, Mayor Will
T. Colter, Principal, and Lisa C. Stinnett, Surety, for which execution may issue if
necessary.
_____________________________________
BEN H. CANTRELL, PRESIDING JUDGE, M.S.
_____________________________________
WILLIAM C. KOCH, JR., JUDGE
_____________________________________
WILLIAM B. CAIN, JUDGE