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Monday, July 26, 2010

Trial Practice: Effecting a Review of a General Sessions Court Judgment in Circuit Court

The Middle Section of the Tennessee Court of Appeals issued its opinion in Tennessee Protection Agency, Inc., v. Mathies, No. M2009-01775-COA-R3-CV (July 23, 2010). Here's the syllabus from the opinion:
Party A obtained a default judgment in general sessions court against Party B. The general sessions court subsequently granted Party B’s motion to set aside the default judgment. Party A appealed to circuit court. The circuit court reversed the general sessions court’s decision to set aside the default judgment. Party B appeals to this court. We affirm the decision of the circuit court.

As pointed out in this opinion, the general sessions court did not have jurisdiction to entertain a motion to set aside its prior judgment because the 10 days for doing so had passed. Here's a link to the opinion:

Practice pointer: Party B should have filed a petition in the circuit court for a writ of supersedeas and certiorari. See my June 29, 2010 post for more information on this subject.

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