BETTY BAXTER v. HERITAGE BANK & TRUST, and PROCTOR FINANCIAL INSURANCE CORPORATION, INC. - Articles

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Posted by: Tanja Trezise on Mar 20, 2014

Court: TN Court of Appeals

Attorneys 1:

John A. Bell, Jr., Nashville, Tennessee, for the appellant, Betty Baxter.

Attorneys 2:

Michael Gregory Derrick, Memphis, Tennessee, and Robert W. Briley, Nashville, Tennessee, for the appellee, Heritage Bank & Trust.

Judge(s): COTTRELL

Homeowner sued Bank, alleging that it had settled her claim for damages to her house with Insurance Company without her consent. Bank served discovery on Homeowner, and when Homeowner did not comply with discovery requests to Bank’s satisfaction, Bank moved to dismiss Homeowner’s claims. Trial court granted Bank’s motion to dismiss, and Homeowner moved to set aside the dismissal pursuant to Rule 59. Trial court denied Homeowner’s motion to set aside, and Homeowner appealed. We reverse the trial court’s judgment denying Homeowner’s motion to set aside because (1) the scheduling order included a deadline for completing discovery that had not yet passed and (2) there was insufficient evidence of wrongdoing by Homeowner or her attorney.

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