Reinhardt v. Neal

29 Citing cases

  1. McWilliams v. Shelby Cnty. Land Bank

    No. W2021-00732-COA-R3-CV (Tenn. Ct. App. Jan. 31, 2022)

    Reinhardt v. Neal, 241 S.W.3d 472, 477 (Tenn. Ct. App. 2007) (citing Sherrod v. Wix, 849 S.W.2d 780, 783 (Tenn. Ct. App. 1992)).

  2. Whalum v. Shelby Cnty. Election Comm'n

    No. W2013-02076-COA-R3-CV (Tenn. Ct. App. Sep. 30, 2014)   Cited 6 times

    Southern Constructors, Inc. v. Loudon County Bd. Of Educ., 58 S.W.3d 706, 710 (Tenn. 2001).Reinhardt v. Neal, 241 S.W.3d 472, 474 (Tenn. Ct. App. 2007). A brief examination of the law surrounding election contests is helpful.

  3. Wade v. Georgewill

    No. E2023-00375-COA-R3-CV (Tenn. Ct. App. Aug. 28, 2023)

    at *3 (Tenn. Ct. App. Aug. 17, 2023) (citing Fayne v. Vincent, 301 S.W.3d 162, 169-70 (Tenn. 2009) ("[W]hen an issue of sufficiency of the evidence is raised on appeal, we must presume, in the absence of a record of the proceedings, that the transcript or statement of the evidence, had it been included in the record, would have contained sufficient evidence to support the trial court's factual conclusions."); Reinhardt v. Neal, 241 S.W.3d 472, 477 (Tenn. Ct. App. 2007) (explaining that in the absence of a transcript or statement of the evidence, the appellate court had to presume that the evidence supported the trial court's findings and ultimate conclusion that there was a failure of proof); Outdoor Mgmt., LLC v. Thomas, 249 S.W.3d 368, 377 (Tenn. Ct. App. 2007) (noting the "conclusive presumption that there was sufficient evidence before the trial court to support its judgment" if no transcript or statement of the evidence is submitted); Sherrod v. Wix, 849 S.W.2d 780, 783 (Tenn. Ct. App. 1992) ("This court cannot review the facts de novo without an appellate record containing the facts, and therefore, we must assume that the record, had it been preserved, would have contained sufficient evidence to support the trial court's factual findings.")). Appellant's failure to ensure that an adequate transcript or statement of the evidence was filed constitutes

  4. Short v. Alston

    No. W2022-00666-COA-R3-CV (Tenn. Ct. App. Aug. 17, 2023)   Cited 4 times

    ("[W]hen an issue of sufficiency of the evidence is raised on appeal, we must presume, in the absence of a record of the proceedings, that the transcript or statement of the evidence, had it been included in the record, would have contained sufficient evidence to support the trial court's factual conclusions."); Reinhardt v. Neal, 241 S.W.3d 472, 477 (Tenn. Ct. App. 2007) (explaining that in the absence of a transcript or statement of the evidence, the appellate court had to presume that the evidence supported the trial court's findings and ultimate conclusion that there was a failure of proof); Outdoor Mgmt., LLC v. Thomas, 249 S.W.3d 368, 377 (Tenn. Ct. App. 2007) (noting the "conclusive presumption that there was sufficient evidence before the trial court to support its judgment" if no transcript or statement of the evidence is submitted); Sherrod v. Wix, 849 S.W.2d 780, 783 (Tenn. Ct. App. 1992) ("This court cannot review the facts de novo without an appellate record containing the facts, and therefore, we must assume that the record, had it been preserved, would have contained sufficient evidence to support the trial court's factual findings."). Accordingly, even if we excused Mr. Short's inadequate briefing, in the absence of a t

  5. In re Aiden W.L.

    No. W2021-01187-COA-R3-JV (Tenn. Ct. App. Dec. 15, 2022)

    ("[W]hen an issue of sufficiency of the evidence is raised on appeal, we must presume, in the absence of a record of the proceedings, that the transcript or statement of the evidence, had it been included in the record, would have contained sufficient evidence to support the trial court's factual conclusions."); Reinhardt v. Neal, 241 S.W.3d 472, 477 (Tenn. Ct. App. 2007) (explaining that in the absence of a transcript or statement of the evidence, the appellate court had to presume that the evidence supported the trial court's findings and ultimate conclusion that there was a failure of proof); Sherrod v. Wix, 849 S.W.2d 780, 783 (Tenn. Ct. App. 1992) ("This court cannot review the facts de novo without an appellate record containing the facts, and therefore, we must assume that the record, had it been preserved, would have contained sufficient evidence to support the trial court's factual findings.").

  6. Self v. Self

    No. E2021-01130-COA-R3-CV (Tenn. Ct. App. Dec. 1, 2022)   Cited 1 times

    ); Reinhardt v. Neal, 241 S.W.3d 472, 477 (Tenn. Ct. App. 2007) (explaining that in the absence of a transcript or statement of the evidence, the appellate court had to presume that the evidence supported the trial court's findings and ultimate conclusion that there was a failure of proof); Sherrod v. Wix, 849 S.W.2d 780, 783 (Tenn. Ct. App. 1992) ("This court cannot review the facts de novo without an appellate record containing the facts, and therefore, we must assume that the record, had it been preserved, would have contained sufficient evidence to support the trial court's factual findings.").

  7. Reese v. Amari

    No. M2019-00329-COA-R3-CV (Tenn. Ct. App. Jul. 28, 2020)   Cited 1 times

    In cases where no transcript or statement of the evidence is filed, we presume that the record, had it been properly preserved, would have supported the action of the trial court. Reinhardt v. Neal, 241 S.W.2d 472, 477 (Tenn. Ct. App. 2007); Sherrod v. Wix, 849 S.W.2d 780, 783 (Tenn. Ct. App. 1992). Rule 60.02(3) allows a court to relieve a party from a final judgment when the judgment is void.

  8. Graham v. Weaver

    No. E2018-00682-COA-R3-CV (Tenn. Ct. App. Sep. 10, 2019)

    In cases where no transcript or statement of the evidence is filed, this court is required to presume that the record, had it been properly preserved, would have supported the action of the trial court. Reinhardt v. Neal, 241 S.W.3d 472, 477 (Tenn. Ct. App. 2007); Sherrod v. Wix, 849 S.W.2d 780, 783 (Tenn. Ct. App. 1992).

  9. McCullough v. Rawls

    No. E2018-00016-COA-R3-CV (Tenn. Ct. App. Jan. 30, 2019)

    See Fayne v. Vincent, 301 S.W.3d 162, 169-70 (Tenn. 2009) ("[W]hen an issue of sufficiency of the evidence is raised on appeal, we must presume, in the absence of a record of the proceedings, that the transcript or statement of the evidence, had it been included in the record, would have contained sufficient evidence to support the trial court's factual conclusions."); Reinhardt v. Neal, 241 S.W.3d 472, 477 (Tenn. Ct. App. 2007) (explaining that in the absence of a transcript or statement of the evidence, the appellate court had to presume that the evidence supported the trial court's findings and ultimate conclusion that there was a failure of proof); Sherrod v. Wix, 849 S.W.2d 780, 783 (Tenn. Ct. App. 1992) ("This court cannot review the facts de novo without an appellate record containing the facts, and therefore, we must assume that the record, had it been preserved, would have contained sufficient evidence to support the trial court's factual findings.").

  10. Centimark Corp. v. Maszera Co.

    No. E2013-02689-COA-R3-CV (Tenn. Ct. App. Nov. 18, 2014)

    We assume the record of that hearing, had it been preserved, would have supported the trial court's findings and conclusion to exclude the evidence and to preclude Centimark from blaming third parties. See Reinhardt v. Neal, 241 S.W.3d 472, 477 (Tenn. Ct. App. 2007). The Rules of Civil Procedure imposed a duty on Centimark to supplement its discovery responses regarding the identity and fault of alleged third parties.