Thomas W. Harrison, Terry Harrison, and Brenda Harrison Kennamore, v. Earl Laursen

This is an appeal of a nonjury action in chancery form originally brought to rescind a contract for the sale of real estate and for damages to real property. The complaint was filed on January 22, 1 1991. Four separate hearings have been held in this cause. The first hearing was held without intervention of a jury. The second and third hearings were heard in the presence of a jury, and the fourth hearing in this cause was held without a jury. Following the fourth trial in the Chancery Court of GilesCounty, Tennessee, the chancellor entered a judgment against appellant for $22,279.59. The defendant, Earl Laursen, timely filed a notice of appeal from the final order entered January 9, 1995. The defendant, Delorita Laursen, did not perfect her appeal by filing a notice of appeal and is not before this Court. See, e.g., Town of Carthage, Tennessee, et al. v. Smith County, Tennessee, No. 01-A-01-9308-CH-00391 (Tenn. App., March 8, 1995). The appeal by the defendant/appellant, Earl Laursen, has been perfected and is properly before this Court. The appellant contends that the trial court erred in not having a jury hear the fourth case and in assessing damages to the real property. We reverse and remand for reasons that will hereinafter be shown.