BATTERY ALLIANCE, INC. v. CLINTON BEITER ET AL. - Articles

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BATTERY ALLIANCE, INC. v. CLINTON BEITER ET AL.

Posted by: Karen Belcher on Dec 19, 2019

Court: TN Court of Appeals

Attorneys 1:

Jon W. Tidwell, Memphis, Tennessee, for the appellants, Clinton Beiter, and Stored Energy Products, Inc.

Attorneys 2:

Michael R. Marshall, Memphis, Tennessee, for the appellee, Battery Alliance, Inc.

Judge(s): STAFFORD

Defendants appeal the trial court’s denial of its motion for relief from a default judgment. In support of its motion, defendants raised three grounds: (1) that the judgment was void due to improper service of process; (2) that the judgment was void due to improper notice related to the motion for default judgment; and (3) the judgment should be set aside due to mistake, inadvertence, surprise or excusable neglect. A thorough review of the record indicates that the trial court exercised its independent judgment to adjudicate only the first of the three grounds alleged. As such, we vacate the denial of the motion and remand for consideration of the remaining grounds.

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