The Tennessee Court of Appeals just issued its opinion in Givens, Administrator of the Estate of Jessica E. Givens v. The Vanderbilt Univ., M2008-COA-R3-CV (Tenn. Ct. App. Aug. 18, 2009). Plaintiff never received Defendants' motion for summary, which was granted. Upon finding out what had happened, Plaintiff filed a motion to set aside the grant of summary judgment. Plaintiff's motion was was denied. This appeal ensued.
The Court of Appeals reversed the trial court and held that it abused its discretion in failing to grant Plaintiff's Rule 60.02 motion for relief.
Here's a link to the opinion: