Ken Smith Auto Parts v. Thomas
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The Supreme Court clarified the procedure circuit courts must follow when an original defendant in general sessions court appeals an adverse general sessions judgment to circuit court but then fails to appear for the de novo circuit court trial to prosecute his appeal, holding that, in the instant case, the circuit court erred in dismissing Appellant's appeal.
When Appellant failed to appear in circuit court to prosecute his appeal from an adverse general sessions court judgment the circuit court dismissed the appeal and remanded this case to the general sessions court for execution of the judgment. The court of appeals reversed the circuit court's order that it lacked subject matter jurisdiction. The Supreme Court affirmed, holding (1) under Tenn. Code Ann. 27-5-106 and -107, the circuit court should have entered a default judgment against Appellant in the amount of the general sessions judgment, subject to execution in the circuit court; and (2) after the circuit court dismissed the appeal and remanded to the general sessions court, the circuit court had subject matter jurisdiction to grant Defendant's motion to set aside its prior order.
Court Description:
Authoring Judge: Justice Holly Kirby
Trial Court Judge: Judge Ward Jeffrey Hollingsworth
We granted permission to appeal in order to clarify the procedure circuit courts must follow when an original defendant in general sessions court appeals an adverse general sessions judgment to circuit court but then fails to appear for the de novo circuit court trial to prosecute his appeal. In this case, when the defendant/appellant failed to appear in circuit court to prosecute his appeal, the circuit court dismissed the appeal and remanded the case to the general sessions court for execution of the general sessions judgment. We hold this was error. Under Tennessee Code Annotated sections 27-5-106 and -107, the circuit court should have instead entered its own default judgment against the defendant/appellant in the amount of the general sessions judgment, subject to execution in the circuit court, and assessed costs against the defendant/appellant and his sureties. We also hold that, after the circuit court dismissed the appeal and remanded to general sessions court, the circuit court had subject matter jurisdiction under Rules 59 and 60 of the Tennessee Rules of Civil Procedure to grant the defendant/appellant’s timely motion to set aside its prior order. The decision to grant or deny the defendant/appellant’s post-judgment motion was within the circuit court’s discretion. Accordingly, we affirm the decision of the Court of Appeals.
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