 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
PST Vans12/28/1999
e judgment in this case.
The record before us does not contain all of the evidence that impacted the trial court's implicit finding that the respective roles of the two law firms were such as to justify the court's disposition of the judgment proceeds. The same can be said of the trial court's determination that the Widow's expenses were reasonable. We simply do not have a complete record of the evidence received by the trial court. It was the appellant's responsibility to furnish us a record that would permit us to reach the issues raised by her. See Rule 24, T.R.A.P. In the absence of such a record, "we must assume that the record, had it been preserved, would have contained sufficient evidence to support the trial court's factual findings." Sherrod v. Wix, 849 S.W.2d 780, 783 (Tenn.Ct.App. 1992).
The parties make many statements in their briefs regarding their services in the wrongful death action. These statements are important in establishing their respective positions, but they cannot be accepted by us as evidence. We are an appellate court. We do not receive new evidence on appeal. Our role is to review the actions of trial courts based upon the evidence presented to those courts. Tennessee Public Service Co. v. City of Knoxville, 91 S.W.2d 566, 572 (Tenn. 1936). We cannot do that in this case because of the deficiency in the record.
Accordingly, we cannot say that the evidence preponderates against the trial court's factual findings underpinning its legal judgment. We certainly cannot say, under the teachings of Stout and Wheeler, that there is no set of facts in the instant case that could possibly justify the trial court's judgment.
VIII.
The issue of the trial court's failure to grant a stay is rendered moot by our decision in this case.
IX.
The judgment of the trial court is affirmed. Costs on appeal are taxed to the appellant. This case is remanded to the trial court for the collection of costs assessed below.
Charles D. Susano, Jr., J.
CONCUR:
Herschel P. Franks, J.
D. Michael Swiney, J.
Page 1 2 3 4 5 6 Tennessee Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|