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Alaka v. Short Cut Auto Sales & Repairs, Inc.

Court of Appeals of Tennessee, Nashville

June 13, 2018

ALEXANDER ALAKA
v.
SHORT CUT AUTO SALES &REPAIRS, INC.

          Assigned on Briefs May 1, 2018

          Appeal from the Circuit Court for Davidson County No. 17C933 Hamilton V. Gayden, Jr., Judge

         The plaintiff appeals the circuit court's judgment for damages sustained to his vehicle, a reduction from the amount awarded in general sessions court. We vacate the final order and remand for entry of an order that sets forth sufficient findings of fact and conclusions of law in support of the circuit court's decision.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Vacated; Case Remanded

          Alexander Alaka, Nashville, Tennessee, Pro Se.

          Short Cut Auto Sales & Repairs, Inc., Nashville, Tennessee, Pro Se.

          John W. McClarty, J., delivered the opinion of the Court, in which Frank G. Clement, Jr., P.J., M.S. and Brandon O. Gibson, J., joined.

          MEMORANDUM OPINION[1]

          JOHN W. McCLARTY, JUDGE

         Alexander Alaka ("Plaintiff") initially filed this action in General Sessions Court for Davidson County against Short Cut Auto Sales & Repairs, Inc. ("Defendant") for recovery of his 2006 Chevy Uplander and a judgment in the amount of $5, 000. By default judgment, entered on April 5, 2017, the General Sessions Court entered judgment against Defendant in the amount of $5, 000 and also awarded possession of the vehicle to Plaintiff.

         Defendant promptly appealed to the Circuit Court for Davidson County, which entered judgment against Defendant in the amount of $250 based upon the case file and the testimony of the parties. Plaintiff filed a timely appeal. He later filed a proposed statement of the evidence pursuant to Rule 24(c) of the Tennessee Rules of Appellate Procedure. The Circuit Court denied the proposed statement, finding that the statement did not convey an accurate and complete account of the final hearing.

         The judgment appealed from, in its entirety, is as follows:

This cause came to be heard on Tuesday, July 11, 2017[, ] on the non-jury docket before the Honorable Hamilton Gayden, Judge of the First Circuit Court.
After reviewing the file and testimony of the parties, the Court finds that [Defendant] ...

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