IN THE COURT OF APPEALS OF TENNESSEE

AT KNOXVILLE

November 5, 2008 Session

TODD D. DINGMAN et ux, SHARON DINGMAN, v. RANDY GARRISON

and DONNA GARRISON

Direct Appeal from the Circuit Court for Rhea County

No. 25146 Hon. Buddy Perry, Circuit Judge

No. E2008-01141-COA-R3-CV - FILED MARCH 3, 2009

This is a factual dispute about whether defendant signed a lease as a tenant and is liable under the

terms of the lease. The Trial Court held defendant liable for damages under the lease. We affirm.

Tenn. R. App. P.3 Appeal as of Right; Judgment of the Circuit Court Affirmed.

HERSCHEL PICKENS FRANKS,P.J., delivered the opinion of the Court, in whichCHARLES D.SUSANO,

JR., J., and D. MICHAEL SWINEY, J., joined.

J. Arnold Fitzgerald, Dayton, Tennessee, for appellant, Randy Garrison.

Michael S. Pritchard, Chattanooga, Tennessee, for appellees, Todd D. Dingman et ux, Sharon

Dingman.

OPINION

Plaintiffs brought this action against Randy and Donna Garrison, defendants, alleging

that defendants leased residential property from plaintiffs, and agreed to maintain the leased premises

and to pay for any damages to the premises. Plaintiffs averred that defendants resided in the home

from November 2004 to October 2005, and that after they moved out, plaintiffs discovered that

defendants had done substantial damage to the property and failed to pay the rent for the last month

of occupancy. Plaintiffs sought damages in the amount of $9,296.93, plus interest. 

 

Randy Garrison answered, generally denying the allegations in the Complaint, and

at the trial on April 7, 2008, the Trial Court awarded a default judgment against defendant Donna
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Garrison, and entered a Judgment of $9,296.93 against both defendants. 

Randy Garrison has appealed.

We reframe the issue on appeal as whether the Trial Judge erred in finding that

defendant Garrison signed the lease and was essentially a co-tenant with Donna Garrison.

Garisson argues the Trial Court erred because he did not sign the lease and therefore

was not liable under its terms.

The trial court’s findings of fact come to this Court with a presumption of correctness,

unless the evidence preponderates otherwise. Tenn. R. App. P. 13(d). The evidence in this case is

that Randy Garrison was seen at the residence in question on a daily basis, that he had some dealings

with plaintiffs’ rental agent regarding repairs, and rent due, and that he applied to have the power

turned on to the residence, and that he had a relationship with Donna Moore and knew she held

herself out as his wife. He claimed that he did not know she was signing checks on his account until

he got his bank statement, but admitted that checks were written over a period of 18 months. He

claimed Moore broke into the funeral home and took his blank checks, but admitted he did not file

a police report. He claimed not to know anything about the condition of the house, but admitted that

he was there at least 2 or 3 times a week. He also claimed not to have signed the lease or any of the

checks, but the signature on the lease and some of the checks (including the one for the security

deposit and first month’s rent) matches the signature on the utility application which he admitted he

signed, which is distinctly different from Moore’s signature, whether signing as Donna Garrison or

Randy Garrison. 

The foregoing established that the evidence does not preponderate against the Trial

Judge’s findings of fact, as the Trial Court’s findings were based in part on witness credibility. See

Bingham v. Dyersburg Fabrics, Co., Inc., 567 S.W.2d 169, 170 (Tenn. 1978). 

Essentially, the Trial Court found this defendant was not a credible witness and was

responsible for the rent and damages under the terms of the lease. We affirm the Trial Court’s

Judgment and remand, with the cost of the appeal assessed to Randy Garrison.

______________________________

HERSCHEL PICKENS FRANKS, P.J.