SVACHA v. WALDENS CREEK SADDLE CLUB


60 S.W.3d 851 (2001)

Kimberly J. SVACHA, et al. v. WALDENS CREEK SADDLE CLUB, et al.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

August 13, 2001.


Attorney(s) appearing for the Case

Robert L. Ogle, Jr., Sevierville, TN, for appellants Kimberly and William Svacha.

David H. Parton, Gatlinburg, TN, for appellees Benjamin and Mary Darnell, and Waldens Creek Saddle Club.


OPINION

SWINEY, J., delivered the opinion of the court, in which GODDARD, P.J., and SUSANO, J., joined.

The Trial Court granted Defendants' motion for summary judgment relying, at least in part, on oral testimony from one of the Plaintiffs. This testimony was not transcribed, filed with the Trial Court, and provided to this Court as part of the record on appeal. Due to the somewhat peculiar procedural aspects of this case, we conclude that Defendants had...

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