Moore v. Tate ( 1997 )

IN THE COURT OF APPEALS OF TENNESSEE
LINDA MOORE, )
FILED
C/A NO. 03A01-9611-CV-00350
)
MAY 29, 1997
Plaintiff-Appellant, )
)
) Cecil Crowson, Jr.
) Appellate C ourt Clerk
v. ) APPEAL AS OF RIGHT FROM THE
) ANDERSON COUNTY CIRCUIT COURT
)
)
)
DAVID TATE and TATE AUTO )
REPAIRS, INC., )
) HONORABLE JAMES B. SCOTT, JR.,
Defendants-Appellees. ) JUDGE
For Appellant: For Appellees:
LINDA MOORE, Pro Se DAVID S. CLARK
Harriman, Tennessee David S. Clark & Associates
Oak Ridge, Tennessee
MEMORANDUM OPINION
AFFIRMED AND REMANDED Susano, J.
1
This case originated in the Anderson County General
Sessions Court. That court found adverse to the plaintiff Linda
Moore, and she appealed to the Circuit Court (hereafter referred
to as “the trial court”). The trial court dismissed Ms. Moore’s
appeal with prejudice, finding that she was not present when her
case was called for trial.
Our review is de novo; however, we cannot reverse the
trial court’s judgment unless we find that the evidence in the
record preponderates against the trial court’s findings. Rule
13(d), T.R.A.P.
Dismissal of a party’s claim “for failure to prosecute”
is a matter within the sound discretion of the trial court. See
Rule 41.02(1), Tenn.R.Civ.P.; see also White v. College Motors,
Inc., 370 S.W.2d 476, 477 (Tenn. 1963). We have carefully
considered the record and the briefs submitted by Ms. Moore and
the defendants. The meager record before us does not demonstrate
any error in the trial court’s action. We cannot say that the
trial court abused its discretion.
The judgment of the trial court is affirmed pursuant to
the provisions of Rule 10(b), Rules of the Court of Appeals.1
This case is remanded to the trial court for the collection of
1
Rule 10(b) of the Rules of the Court of Appeals provides as follows:
The Court with the concurrence of all judges
participating in the case, may affirm, reverse or
modify the actions of the trial court by memorandum
opinion when a formal opinion would have no
precedential value. When a case is decided by
memorandum opinion it shall be designated “MEMORANDUM
OPINION,” shall not be published, and shall not be
cited or relied on for any reason in a subsequent
unrelated case.
2
costs assessed there. Costs on appeal are taxed to the
appellant.
__________________________
Charles D. Susano, Jr., J.
CONCUR:
__________________________
Houston M. Goddard, P.J.
__________________________
William H. Inman, Sr.J.
3