Sweeney v. Erwin

Full title: DONALD SWEENEY and VICKIE SWEENEY MOULTON, Plaintiffs/Appellees, v. ERIC…

Court: Court of Appeals of Tennessee. at Nashville

Date published: Jun 4, 1999

Appeal No. 01-A-01-9807-CH-00387 (Tenn. Ct. App. Jun. 4, 1999)

Opinion

Appeal No. 01-A-01-9807-CH-00387.

June 4, 1999.

APPEALED FROM THE CHANCERY COURT OF CHEATHAM COUNTY AT ASHLAND CITY, TENNESSEE, THE HONORABLE ALLEN W. WALLACE, CHANCELLOR, NO. 9031.

AFFIRMED AND REMANDED

ROBERT L. PERRY, JR., Attorney for Plaintiffs/Appellees.

LAURA TEK, Attorney for Defendant/Appellant.

BEN H. CANTRELL, PRESIDING JUDGE, M.S.

This is an appeal from a chancery decree awarding specific performance to the purchasers of a tract of real estate and denying a counterclaim for rent. The lower court rendered the decree after a full evidentiary hearing on the merits. The appellant has not furnished this court with a transcript of the evidence heard at the trial.

The only issues raised on appeal relate to the preponderance of the evidence. Without a transcript of the evidence presented at the trial, we must conclusively presume that the facts support the chancellor's decree. Leek v. Powell, 884 S.W.2d 118 (Tenn. App. 1994).

We, therefore, affirm the judgment below. Remand the cause to the Chancery Court of Cheatham County for any further proceedings necessary. Tax the costs on appeal to the appellant. ____________________________ BEN H. CANTRELL,

PRESIDING JUDGE, M.S.

CONCUR: _____________________________ WILLIAM B. CAIN, JUDGE _____________________________ PATRICIA J. COTTRELL, JUDGE