JERRY R. CLARK
JAMES M. OWENS ET AL.
Assigned on Briefs April 1, 2019
from the Circuit Court for Sequatchie County No. 17-CV-82
Justin C. Angel, Judge.
an easement case. Appellant, the dominant land owner, appeals
the trial court's order fixing the width of the easement
at 15 feet and limiting the use of the easement to
residential and emergency ingress, egress, and utilities. The
appellate record contains no transcript or statement of the
evidence for our review as required by the Tennessee Rules of
Appellate Procedure. Accordingly, we conclude that there was
sufficient evidence to support the trial court's
findings. Affirmed and remanded.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Court Affirmed and Remanded.
R. Clark, Dunlap, Tennessee, appellant, Pro se.
Everett Layne Hixson, Jr. and Everett Layne Hixson, III,
Chattanooga, Tennessee, for the appellees, James M. Owens,
and Teresa M. Owens.
Armstrong, J., delivered the opinion of the court, in which
Thomas R. Frierson and W. Neal McBrayer, JJ., joined.
Jerry R. Clark owns the dominant tract of land adjacent to
the servient tract of land owned by James M. Owens and Teresa
M. Owens, (together, "Appellees"). On April 26,
2017, Appellees filed a verified complaint, in which they
sought, inter alia, a declaratory judgment regarding
Appellant's use of the easement across their property.
Concurrent with their complaint, Appellees filed a motion for
a temporary restraining order and temporary injunction
regarding Appellant's use of the easement. The trial
court entered a temporary restraining order prohibiting
Appellant from: (1) interfering with Appellees'
construction of a fence along the existing border of the
easement; (2) driving and trespassing outside the border of
the easement onto Appellees' property; and (3)
discharging firearms in their direction.
18, 2017, Appellant answered the complaint and asserted a
counter-complaint. In his answer, Appellant averred that the
easement is unrestricted and denied allegations that he and
his family abused the easement in any way. In his
counter-complaint, Appellant alleged that Appellees
interfered with his right-of-way and use of the easement. He
requested, inter alia, that the trial court restore the
easement to 15 feet, preserving his "right-of-way and
peaceful use for unrestricted ingress, egress and
September 11, 2017, Appellant filed a motion for contempt
alleging that Appellees were in violation of the temporary
restraining order. On October 23, 2017, Appellees moved to
amend their complaint to add additional facts and to assert a
claim for unjust enrichment. Appellant opposed the motion and
moved to dismiss the complaint. The trial court granted
Appellees' motion to amend by order entered on December
30, 2017 but deferred ruling on Appellant's motion for
contempt until trial. On February 22, 2018, the trial court
conducted a hearing and entered an order for easement on
March 16, 2018. Before the entry of that order, Appellees
filed a motion to reopen the proof and to alter or amend the
trial court's ruling. Appellant also moved to alter or
amend the order for easement. The trial court granted the
motions of both parties by order entered May 11, 2018.
final trial was held on June 21, 2018, and the trial court
entered a subsequent order on July 19, 2018. The trial court
fixed the width of the easement at 15 feet and limited the
use of the easement to residential and emergency ingress,
egress, and utilities. The trial court also held that: (1)
Appellant was responsible for maintaining part of the
easement; (2) the parties were jointly responsible for
maintaining another portion of the easement; (3) the parties
were to avoid contact with each other; and (4) the parties
were not to trespass on each other's property. The trial
court dismissed all remaining claims. Appellant appeals.
Although Appellant lists several issues for review in his
brief, we do not reach the substantive issues due to
procedural shortcomings in the appellate record.
of the Tennessee Rules of Appellate Procedure outlines the
requirements concerning both content and preparation of the
appellate record, to wit:
(a) The record on appeal shall consist of: (1)
copies, certified by the clerk of the trial court, of all
papers filed in the trial court except as hereafter provided;
(2) the original of any exhibits filed in the trial court;
(3) the transcript or statement of the evidence or
proceedings, which shall clearly indicate and identify ...