Assigned on Briefs May 1, 2018
from the Circuit Court for Davidson County No. 17C933
Hamilton V. Gayden, Jr., Judge
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.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Court Vacated; Case Remanded
Alexander Alaka, Nashville, Tennessee, Pro Se.
Cut Auto Sales & Repairs, Inc., Nashville, Tennessee, Pro
W. McClarty, J., delivered the opinion of the Court, in which
Frank G. Clement, Jr., P.J., M.S. and Brandon O. Gibson, J.,
W. McCLARTY, JUDGE
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.
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
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] ...