Mosley v. Mosley

1 Citing case

  1. Belcher v. Belcher

    No. E2004-02712-COA-R3-CV (Tenn. Ct. App. Sep. 23, 2005)   Cited 3 times
    In Belcher v. Belcher, No. E2004-02712-COA-R3-CV, 2005 WL 2333607, at *3 (Tenn.Ct.App. 2005), we upheld a trial court's determination of an accord and satisfaction based partly on grounds of delay.

    In the absence of unrefuted authentic documentary evidence reflecting otherwise, we are loathe to substitute our judgment for the trial court's findings with respect to the credibility of the witnesses.Lockmiller v. Lockmiller, No. E2002-02586-COA-R3-CV, 2003 WL 23094418 at *5-6, 2003 Tenn. App. LEXIS 953, (Tenn.App. E.S., filed Dec.30, 2003); see also Mosley v. Mosley, No. M2003-01686-COA-R3-CV, 2003 WL 2439294 at *6 (Tenn.Ct.App. M.S., filed Oct. 29, 2004) (noting that "appellate courts routinely decline to second-guess the credibility determinations made by the trial court."). Based on our review of the record, we do not find that the evidence preponderates against the trial court's conclusion that Mr. Belcher met his burden of demonstrating an accord and satisfaction between the parties.