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· 1/9/2003

Reynolds v. Battles

Citations

  • 108 S.W.3d 249
  • 2003 Tenn. App. LEXIS 13

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that where a party failed to properly notify the opposing party of an application for default judgment as required by Rule 55.01 of the Tennessee Rules of Civil Procedure, the movant was not required to show a meritorious defense
  • opining that defendant’s averment that they were “now prepared to answer or otherwise plea to the complaint” was insufficient
  • finding the default judgment to be void where the certificate of service contained the wrong house number and it was “plausible” that the non-moving party did not receive sufficient notice of the motion for a default judgment as required by Rule 55.01
  • court should grant relief pursuant to Rule 60.02(1) if court has any reasonable doubt about whether judgment should be set aside
  • courts have a clear preference for deciding a case on the merits rather than pursuant to a default judgment, and thus will construe Rule 60.02 liberally when default judgments are at issue
  • courts have a clear preference for deciding a case on the merits rather than -5- pursuant to a default judgment, and thus will construe Rule 60.02 liberally when default judgments are at issue

Source: CourtListener parenthetical corpus (CC0).

Judges: David R. Farmer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.