FILED

March 3, 1998

Cecil Crowson, Jr.

Appellate C ourt Clerk

IN THE COURT OF APPEALS

AT KNOXVILLE

INTERSTATE MECHANICAL ) SEVIER CHANCERY

CONTRACTORS, INC., ) C.A. NO. 03A01-9706-CH-00234

 )

 Plaintiff )

 )

vs. )

 )

 )

MCH PARTNERS; JIMMY R. REAGAN )

d/b/a PRECISION CONSTRUCTION )

COMPANY; HOME FEDERAL SAVINGS )

& LOAN ASSOCIATION OF UPPER )

EAST TENNESSEE; DON CONSEEN )

d/b/a DC SERVICE AND SALES; )

and CAROLYN MINNIS )

ROBERT CALLAWAY, )

 )

 Defendants )

)

DON CONSEEN d/b/a DC SERVICE ) HON. CHESTER S. RAINWATER

& SALES, ) CHANCELLOR

)

Third Party Plaintiff/ )

Cross Plaintiff-Appellee )

)

)

vs. )

)

 )

JIMMY R. REAGAN, )

)

Cross Defendant- )

Appellant )

)

and )

)

)

HOWARD SEXTON, ) AFFIRMED AND REMANDED

)

Third Party Defendant- )

Appellant )

STEVEN E. MARSHALL, Marshall & Delius, Sevierville, for Appellants.

EDWARD H. HAMILTON, Brabson, Yates & Hamilton, P.L.C., Sevierville,

for Appellee.
1

Rule 10 provides:

(b) Mem orandu m Op inion. The Court, with the concurrence of all

judges participating in the case, may affirm, reverse, or modify the actions of

the trial court by memorandum opinion when a formal opinion w ould have n o

precedential value. When a case is decided by memorandum opinion it shal l be

designated "MEMORANDUM OPINION," shall not be published, and shall not be cited

or relied on for any reason in a subsequent unrelated case. 

2

MEMORANDUM OPINI O N

McMurray, J.

This appeal involves a payment dispute between the plaintiff,

Don Conseen, a subcontractor doing business as DC Service & Sales,

and defendants Jimmy R. Reagan and Howard Sexton, doing business as

Precision Cons truction Company, a general contractor. Plaintiff

sued for payment for construction work whic h he t estified was

requested and approved by defendants, and for which he was promised

payment by the defendants. An evidentiary hearing was held. The

defendants presented no proof at trial. The chancellor gra nted

pla intiff a judgment for $19,267.45, the amount sought by the

plaintiff. The defendants appealed. We affirm the judgment of the

trial court.

We have reviewed the briefs of the parties and the record on

appeal and find the appellants' positions on appeal to be without

merit, and that the evidence does not preponderate against the

chancellor's judgment. Consequently, we affirm the judgment of the

trial court in accordance with Rule 10(b), R ules of the Court of

A p p eals. 1 Costs on appeal are assessed to appellants and this

cause is remanded to the trial court. 
3

 

 ________________________

Don T. McMurray, Judge

CONCUR:

___________________________________

Houston M. Goddard, Presiding Judge

_______________________________

Charles D. Susano, Jr., Judge
IN THE COURT OF APPEALS

AT KNOXVILLE

INTERSTATE MECHANICAL ) SEVIER CHANCERY

CONTRACTORS, INC., ) C.A. NO. 03A01-9706-CH-00234

 )

 Plaintiff )

 )

vs. )

 )

 )

MCH PARTNERS; JIMMY R. REAGAN )

d/b/a PRECISION CONSTRUCTION )

COMPANY; HOME FEDERAL SAVINGS )

& LOAN ASSOCIATION OF UPPER )

EAST TENNESSEE; DON CONSEEN )

d/b/a DC SERVICE AND SALES; )

and CAROLYN MINNIS )

ROBERT CALLAWAY, )

 )

 Defendants )

)

DON CONSEEN d/b/a DC SERVICE ) HON. CHESTER S. RAINWATER

& SALES, ) CHANCELLOR

)

Third Party Plaintiff/ )

Cross Plaintiff-Appellee )

)

)

vs. )

)

 )

JIMMY R. REAGAN, )

)

Cross Defendant- )

Appellant )

)

and )

)

)

HOWARD SEXTON, ) AFFIRMED AND REMANDED

)

Third Party Defendant- )

Appellant )

JUDGMENT

This ap peal came on to be heard upon the record from t h e

Chancery Court of Sevier County and briefs filed on behalf of the
respective parties. Upon consideration thereof, this Court is of

opinion that there was no reversible error in the trial court.

W e affirm the judgment of the trial court, in accordance with

Rule 10, Rules of the Court of Appeals. The case is remanded for

such other action by the trial court as may be necessary. Costs on

appeal are assessed to appellants.

PER CURIAM