Writ of Certiorari, Findings of Fact and Conclusions of Law

Except as indicated, all indented material is copied directly from the court’s opinion.

Decisions of the Tennessee Supreme Court

Decisions of the Tennessee Court of Appeals

Turnbull Preservation Group, L.L.C. v. Dickson County, Tennessee, No. M2021-00542-COA-R3-CV, p. 4 (Tenn. Ct. App. May 27, 2022).

A trial court must make written findings of fact and conclusions of law in support of its decision to either grant or deny the relief requested in the writ of certiorari. B & B Enters. of Wilson Cty., 2004 WL 2916141, at *2 (citing Tenn. Code Ann. § 27-9-111(c)). The trial court’s findings of fact must be based on the preponderance of the evidence; therefore, on appeal, we review the trial court’s findings under the Tenn. R. App. 13(d) standard of review which “requires us to defer to the trial court’s factual findings as long as the evidence does not preponderate against them.” Id. As to issues of law, like a determination of whether a case is moot, we review the trial court’s holding de novo, with no presumption of correctness. Alliance for Native Am. Indian Rights in Tenn., Inc. v. Nicely, 182 S.W.3d 333, 338-39 (Tenn. Ct. App. 2005).


Grading Papers - Civil Copyright © 2023 by BirdDog Law, LLC (No copyright claimed as to government works).. All Rights Reserved.