See McDonough v. McDonough, 499 S.W.3d 401, 405 (Tenn. Ct. App. 2016) ("'We may not act as a fact finding court . . . or consider evidence that was not heard by the trial court.'" (quoting Nicholson v. Nicholson, No. M2008-00006-COA-R3-CV, 2009 WL 3518172, at *7 (Tenn. Ct. App. Oct. 29, 2009) (citations omitted in McDonough)). Tennessee Rule of Appellate Procedure 14(a) provides that an appellate court may consider post-judgment facts "on its motion or on motion of a party" and that "[c]onsideration of such facts lies in the discretion of the appellate court."
Although the transcript is before this Court, it will not be considered in this appeal. See Allstate Ins. Co. v. Young, 639 S.W.2d 916, 918-19 (Tenn. 1982) (stating an appellate court "can only consider on appeal the evidence considered by the [trial court]"); Nicholson v. Nicholson, No. M2008-00006-COA-R3-CV, 2009 WL 3518172, at *7 (Tenn. Ct. App. Oct. 29, 2009) (stating an appellate court cannot "consider evidence that was not heard by the trial court"). The petition filed by DCS included several other alleged grounds, but only "severe child abuse" is relevant to this appeal.
"We may not act as a fact finding court, ... or consider evidence that was not heard by the trial court." Nicholson v. Nicholson, No. M2008-00006-COA-R3-CV, 2009 WL 3518172, at *7 (Tenn. Ct. App. Oct. 29, 2009), no appl. perm. appeal filed (citations omitted). This Court reviews for error; we do not conduct new trials.
” Fisher Elec. Supply v. T.W. Frierson, No. 87–254–II, 1988 WL 23910, at *2 (Tenn.Ct.App. March 16, 1988), no appl. perm. appeal filed . “We may not act as a fact finding court, ... or consider evidence that was not heard by the trial court.” Nicholson v. Nicholson, No. M2008–00006–COA–R3–CV, 2009 WL 3518172, at *7 (Tenn.Ct.App. Oct. 29, 2009), no appl. perm. appeal filed (citations omitted).Given the record on appeal, including the evidence presented to the Trial Court, Father failed to prove that he sent Mother notice of the relocation pursuant to, and in full compliance with, Tenn.Code Ann. § 36–6–108.