Narrative Opinion Summary
The Court of Appeals of Tennessee reviewed an extraordinary appeal concerning the adequacy of the appellate record in a civil case. The appellant challenged the trial court's decision to strike the transcript, which was incomplete due to missing recordings. The court had previously allowed the appellant time to submit a complete transcript or a statement of evidence, but the trial court struck this submission based on local rules and a 2007 order preventing the filing of certain audio-visual recordings as part of the appeal record. Tennessee Supreme Court Rule 26 allows for such recordings to serve as transcripts if they satisfy procedural standards, which was not the case here. Nonetheless, the court recognized the rights of public access to these recordings for transcript preparation. The appellate court reversed the trial court's order, granting the extraordinary appeal and remanding the case for further proceedings to ensure a complete and fair appellate record. The ruling emphasized the necessity for an accurate record to facilitate proper appellate review, highlighting procedural rights under Tenn. R. App. P. 24 and the potential need for the trial court to prepare a statement of evidence if parties fail to do so adequately.
Legal Issues Addressed
Extraordinary Appeal under Tenn. R. App. P. 10subscribe to see similar legal issues
Application: The Court of Appeals granted the extraordinary appeal to address procedural errors related to transcript preparation.
Reasoning: The Court of Appeals of Tennessee granted Scott Bowman's application for an extraordinary appeal under Tenn. R. App. P. 10, reversing the chancellor's order from June 5, 2009, and remanding the case for the chancellor to address objections from Anne S. Wilson regarding the transcript's content.
Preparation of Statement of Evidencesubscribe to see similar legal issues
Application: If no verbatim transcript is available, the appellant must prepare a statement of the evidence per Tenn. R. App. 24(c).
Reasoning: If no verbatim transcript is available, the appellant must prepare a statement of the evidence per Tenn. R. App. 24(c).
Prohibition on Filing Recordings as Official Recordsubscribe to see similar legal issues
Application: The trial court's order to strike recordings was upheld as they cannot be filed or certified as part of the appeal record.
Reasoning: Clerks of Court and Clerk Master are prohibited from filing or certifying these recordings as part of the appeal record, except from the Sixth Circuit Court.
Transcript Preparation and Appellate Reviewsubscribe to see similar legal issues
Application: The court found that the initial transcript was incomplete due to missing recordings and required submission of a complete transcript or statement of evidence.
Reasoning: The court previously addressed issues concerning the transcript preparation, noting that the initial transcript was incomplete due to missing recordings.
Use of Audio-Visual Recordings as Transcriptssubscribe to see similar legal issues
Application: Tennessee Supreme Court Rule 26 allows audio-visual recordings to serve as transcripts if they meet certain requirements, which the chancery court recordings did not.
Reasoning: Tennessee Supreme Court Rule 26 permits CD-ROM recordings to serve as transcripts if they meet certain procedural requirements, which neither party claimed the chancery court recordings met.