GREGG BOLES v. TIMOTHY MOORE and MOORE FAMILY MEDICINE, PLLC (Tenn. Ct. App. December 31, 2008).
This is a construction case. The plaintiff filed an action in general sessions court to collect money that he alleged that the defendants owed him under a construction contract. The general sessions court entered a judgment in the plaintiff’s favor, and the defendants appealed to the circuit court. The circuit court also entered a judgment in favor of the plaintiff. After the circuit court denied the defendants’ motion for a new trial, the defendants appealed. We affirm, finding that the evidence does not preponderate against the trial court’s findings.
Opinion may be found at the TBA website: http://www.tba2.org/tba_files/TCA/2008/bolesg_123108.pdf
“Moore argues that Boles breached the implied warranties in the construction contract. See Dixon v. Mountain City Constr. Co., 632 S.W.2d 538, 541 (Tenn. 1982). He directs our attention to photographs that were made exhibits at trial to demonstrate that the build-out was not “constructed in a workmanlike manner.” Moore also argues that these photographs support his contention that the trial court’s decision is against the weight of the evidence.” Id.
“We have carefully reviewed the appellate record, including the photographs noted by Moore. Giving appropriate deference to the credibility determinations made by the trial court with regard to the experts and other witnesses, we cannot say that the evidence preponderates against the trial court’s implicit finding that Boles did not breach any implied warranties, or against the trial court’s ultimate decision.” Id.
