Donald Sweeney and Vickie Sweeney Moulton v. Eric Erwin

IN THE COURT OF APPEALS OF TENNESSEE
AT NASHVILLE
FILED
June 4, 1999
DONALD SWEENEY and )
Cecil Crowson, Jr.
VICKIE SWEENEY MOULTON, )
Appellate Court Clerk
)
Plaintiffs/Appellees, )
) Appeal No.
) 01-A-01-9807-CH-00387
VS. )
) Cheatham Chancery
) No. 9031
ERIC ERWIN, )
)
Defendant/Appellant. )
APPEALED FROM THE CHANCERY COURT OF CHEATHAM COUNTY
AT ASHLAND CITY, TENNESSEE
THE HONORABLE ALLEN W. WALLACE, CHANCELLOR
ROBERT L. PERRY, JR.
102 Frey Street
Ashland City, Tennessee 37015
Attorney for Plaintiffs/Appellees
LAURA TEK
1994 N. Gallatin Road, Suite 315
Madison, Tennessee 37115
Attorney for Defendant/Appellant
AFFIRMED AND REMANDED
BEN H. CANTRELL,
PRESIDING JUDGE, M.S.
CONCUR:
CAIN, J.
COTTRELL, J.
MEMORANDUM OPINION1
This is an appeal from a chancery decree awarding specific performance
to the purchasers of a tract of real estate and denying a counterclaim for rent. The
lower court rendered the decree after a full evidentiary hearing on the merits. The
appellant has not furnished this court with a transcript of the evidence heard at the
trial.
The only issues raised on appeal relate to the preponderance of the
evidence. Without a transcript of the evidence presented at the trial, we must
conclusively presume that the facts support the chancellor’s decree. Leek v. Powell,
884 S.W.2d 118 (Tenn. App. 1994).
We, therefore, affirm the judgment below. Remand the cause to the
Chancery Court of Cheatham County for any further proceedings necessary. Tax the
costs on appeal to the appellant.
____________________________
BEN H. CANTRELL,
PRESIDING JUDGE, M.S.
CONCUR:
_____________________________
WILLIAM B. CAIN, JUDGE
_____________________________
PATRICIA J. COTTRELL, JUDGE
1
Rule 10(b) of the Rules of the Court of Appeals reads as follows:
The Court, with the concurrence of all judges participating in the case, may
affirm, reverse or mod ify 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memorandum opinion it shall be designated “MEMORAN DUM OPINION,” shall not be
published, and s hall not be cited or relied on for any reason in a subsequent unrelated
case.
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