William Hunter Babcock v. Sonnia Elizabeth Lambert Babcock

Syllabus

This case concerns a Tenn. R. Civ. P. 60.02 motion for relief from a final judgment in a suit for dissolution of a business partnership. The trial court found grounds for dissolving the partnership and ordered the parties to liquidate the partnership's assets. Each party would be liable for his or her pro-rata share of any outstanding debt. Before any accounting was filed, the defendant began representing herself, and at the instruction of the court, she informed the clerk and opposing counsel of her address. Soon thereafter, Defendant moved to a different address but never informed the clerk or opposing counsel of the change of her address. Consequently, the defendant did not receive notice of the plaintiff's motion to adopt his proposed final accounting or the order granting such motion. The final order awarded the plaintiff a judgment against the defendant for her share of the outstanding debts that plaintiff had paid. When the defendant discovered the judgment against her, she filed a motion for relief under Tenn. R. Civ. P. 60.02. The trial court denied the motion, finding there was no \mistake\ because plaintiff's counsel sent notice to the defendant's last known address. This appeal followed. We affirm.