Coakley v. Daniels

137 Citing cases

  1. Spight v. Spight

    No. W2018-00666-COA-R3-CV (Tenn. Ct. App. Mar. 21, 2019)

    "The burden is [on] the appellant to show that the evidence preponderates against the judgment of the trial court." Coakley v. Daniels, 840 S.W.2d 367, 370 (Tenn. Ct. App. 1992) (citing Capital City Bank v. Baker, 442 S.W.2d 259, 266 (Tenn. Ct. App. 1969)). "The burden is likewise on the appellant to provide the court with a transcript of the evidence or a statement of the evidence from which this Court can determine if the evidence does preponderate for or against the findings of the trial court."

  2. Loewen v. Loewen

    No. M2014-02501-COA-R3-CV (Tenn. Ct. App. Oct. 22, 2015)   Cited 3 times

    The burden is upon the appellant to show that the evidence preponderates against the judgment of the trial court. Coakley v. Daniels, 840 S.W.2d 367, 370 (Tenn. Ct. App. 1992) (citing Capital City Bank v. Baker, 442 S.W.2d 259, 266 (Tenn. Ct. App. 1969)). "The burden is likewise on the appellant to provide the court with a transcript of the evidence or a statement of the evidence from which this court can determine if the evidence does preponderate for or against the findings of the trial court."

  3. Baugh v. Moore

    No. M2013-02224-COA-R3-CV (Tenn. Ct. App. Feb. 25, 2015)   Cited 11 times

    "In the absence of a transcript of the evidence, there is a conclusive presumption that there was sufficient evidence before the trial court to support its judgment, and this Court must therefore affirm the judgment." Coakley v. Daniels, 840 S.W.2d 367, 370 (Tenn. Ct. App. 1992) (citing McKinney v. Educator and Executive Insurers, Inc., 569 S.W.2d 829, 832 (Tenn. App. 1977)). To the extent that the issues on appeal depend on factual determinations, the lack of a transcript or statement of the evidence is essentially fatal to the party having the burden on appeal. See Sherrod v. Wix, 849 S.W.2d 780, 783 (Tenn.

  4. Jernigan v. Hunter

    No. M2013-01860-COA-R3-CV (Tenn. Ct. App. Sep. 30, 2014)

    "In the absence of a transcript of the evidence, there is a conclusive presumption that there was sufficient evidence before the trial court to support its judgment, and this Court must therefore affirm the judgment." Coakley v. Daniels, 840 S.W.2d 367, 370 (Tenn. Ct. App. 1992) (citing McKinney v. Educator and Executive Insurers, Inc., 569 S.W.2d 829, 832 (Tenn. App. 1977)). To the extent that resolution of the issues on appeal depend on factual determinations, the lack of a transcript or Statement of the Evidence is essentially fatal to the party having the burden on appeal. See Sherrod v. Wix, 849 S.W.2d 780, 783 (Tenn.

  5. Cook v. Permanent Gen. Ass.

    No. W2009-01352-COA-R3-CV (Tenn. Ct. App. Apr. 21, 2010)

    "The burden is likewise on the appellant to provide the Court with a transcript of the evidence or a statement of the evidence from which this Court can determine if the evidence . . . preponderate[s] for or against the findings of the trial court." Willcutts v. Willcutts, No. W2002-02636-COA-R3-CV, 2004 WL 404497, at *9 (Tenn. Ct. App. Mar. 4, 2004) (citing Coakley v. Daniels, 840 S.W .2d 367, 370 (Tenn. Ct. App. 1992)); see also Mfrs.Consol., 42 S.W.3d at 865.

  6. Apollo Hair v. First Lady Int.

    No. M2003-02322-COA-R3-CV (Tenn. Ct. App. Mar. 29, 2005)   Cited 3 times

    It is the appellant's duty to provide this Court with an adequate record. See Sherrod v. Wix, 849 S.W.2d 780, 783 (Tenn.Ct.App. 1992); Coakley v. Coakley, 840 S.W.2d 367, 370 (Tenn.Ct.App. 1992); McDonald v. Onoh, 772 S.W.2d 913, 914 (Tenn.Ct.App. 1989); Scarbrough v. Scarbrough, 752 S.W.2d 94, 97 (Tenn.Ct.App. 1988). Fortunately, the record reveals that New Image, without stipulating to the existence of an enforceable contract and only for purposes of summary judgment, agreed "that [Apollo's] allegations regarding the enforceability of the contract are true."

  7. Cassidy v. Spectrum Rents

    959 F. Supp. 823 (E.D. Tenn. 1997)   Cited 2 times
    Holding that punitive damages award of $250,000 was not excessive, under Tennessee law, against employer that discharged employee for seeking workers' compensation benefits

    In its discretion, the trier of fact may award punitive damages in proper cases. See Coakley v. Daniels, 840 S.W.2d 367, 372 (Tenn.App. 1992). In the opinion of the undersigned, a reasonable jury could find clear and convincing evidence that defendant acted in an intentional, fraudulent and/or malicious manner in retaliation against plaintiff for asserting his rights to workers' compensation.

  8. Dedmon v. Steelman

    535 S.W.3d 431 (Tenn. 2017)   Cited 30 times   2 Legal Analyses
    Discussing the difference between the "small-claims presumption" in subsection and the presumption in subsection (b)

    For this reason, the trier of fact is given broad latitude in fixing the monetary amount of non-economic damages. Id. ; Coakley v. Daniels , 840 S.W.2d 367, 372 (Tenn. Ct. App. 1992) (emphasizing that damages for personal injuries are not based on fixed rules of law and are generally left to the trier of fact). In practice, "the traditional lawyer's rule-of-thumb" is often to value the non-economic damages based on a multiple of the amount of the plaintiff's economic damages.

  9. West v. Akard

    No. E2021-00962-COA-R3-CV (Tenn. Ct. App. Jun. 30, 2022)

    The appellant bears the burden of providing this Court with a transcript or statement of the evidence from which we can determine if the evidence preponderates against the trial court's factual findings. Coakley v. Daniels, 840 S.W.2d 367, 370 (Tenn. Ct. App. 1992); see also Greer v. Cobble, No. E2015-01378-COA-R3-CV, 2016 WL 2898001, at *4 (Tenn. Ct. App. May 11, 2016). Landlord has failed to carry this burden.

  10. Haynes v. Haynes

    No. W2021-01004-COA-R3-CV (Tenn. Ct. App. May. 26, 2022)

    Coakley v. Daniels, 840 S.W.2d 367, 370 (Tenn. Ct. App. 1992); see also Greer v. Cobble, No. E2015-01378-COA-R3-CV, 2016 WL 2898001, at *4 (Tenn. Ct. App. May 11, 2016). Husband has failed to carry this burden.