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Pleasant v. Repass

Court of Appeals of Tennessee. at Knoxville
Oct 30, 1998
No. 03A01-9804-CH-00117 (Tenn. Ct. App. Oct. 30, 1998)

Opinion

No. 03A01-9804-CH-00117.

October 30, 1998.

Appeal from SULLIVAN COUNTY, HON. R. JERRY BECK, JUDGE.

AFFIRMED AND REMANDED

TIMOTHY E. SCOTT OF KINGSPORT FOR APPELLANT.

WILLIAM K. ROGERS OF KINGSPORT FOR APPELLEE.


This appeal had its genesis in a real estate transaction wherein Defendants-Appellants Michael J. Repass and his wife Pamela S. Repass sold a tract of land to Plaintiff- Appellee Ray Pleasant. A judgment in favor of Mr. Pleasant in the amount of $22,224.70 was granted upon the theory that the Defendants had misrepresented certain material matters in the sale of the property.

The evidence adduced below was not preserved by a transcript or statement of the evidence. Under these circumstances an appellate court must conclusively presume the evidence was sufficient to justify the judgment. Trane Co. v. Morrison, 566 S.W.2d 849 (Tenn. 1978); Daniel v. Metropolitan Government, 696 S.W.2d 8 (Tenn.App. 1985).

For the foregoing reason the judgment of the Trial Court is affirmed and the cause remanded for collection of the judgment and costs below. Costs of appeal are adjudged against Mr. and Mrs. Repass and their surety.

_______________________________ Houston M. Goddard, P.J.

CONCUR:

________________________________ Herschel P. Franks, J.

________________________________ Don T. McMurray, J.


Summaries of

Pleasant v. Repass

Court of Appeals of Tennessee. at Knoxville
Oct 30, 1998
No. 03A01-9804-CH-00117 (Tenn. Ct. App. Oct. 30, 1998)
Case details for

Pleasant v. Repass

Case Details

Full title:RAY PLEASANT, Plaintiff-Appellee v. MICHAEL J. REPASS and PAMELA S…

Court:Court of Appeals of Tennessee. at Knoxville

Date published: Oct 30, 1998

Citations

No. 03A01-9804-CH-00117 (Tenn. Ct. App. Oct. 30, 1998)