STEPHEN H. COOK, ET AL. v. DAVID L. ALLEY, SR., ET AL. - Articles

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Posted by: Tanja Trezise on Apr 4, 2013

Court: TN Court of Appeals

Attorneys 1: D. Scott Hurley and Ryan N. Shamblin, Knoxville, Tennessee, for the appellants, David L. Alley, Sr. and David L. Alley, Jr.

Attorneys 2: John W. Cleveland, Sr., Sweetwater, Tennessee, pro se, and for the appellees, Stephen H. Cook and John W. Cleveland, Sr.

Judge(s): SWINEY

This appeal concerns the statute of limitation for the extension of a judgment. J. Waymon Ellison (“Plaintiff”) obtained a judgment in the Chancery Court for Loudon County (“the Trial Court”) against David L. Alley, Sr. and David L. Alley, Jr. (“the Defendants”) in an action related to a real estate transaction. Years later, Plaintiff’s successors-in-interest1 (“the Successors”) sought to extend the judgment a second time for another ten years. The Trial Court extended the judgment, holding that the first ten year extension of the judgment began to run upon the expiration of ten years from the date the judgment was entered, and, that the initial ten year period in this case began to run from the date the judgment actually was entered rather than the nunc pro tunc date indicated in the judgment. We affirm the judgment of the Trial Court as modified.

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