NEWGATE RECOVERY, LLC v. HOLROB-HARVEY ROAD, LLC, ET AL. - Articles

All Content


Posted by: Tanja Trezise on Aug 14, 2014

Court: TN Court of Appeals

Attorneys 1:

Pamela A. Fleenor and Adam U. Holland, Chattanooga, Tennessee, for the appellant, Newgate Recovery, LLC.

Attorneys 2:

R & R Group, Inc., d/b/a The Deerfield Inn, pro se appellee.

Judge(s): SWINEY

This appeal concerns a garnishment. Newgate Recovery, LLC (“Newgate”) brought a garnishment action in the Chancery Court for McMinn County (“the Trial Court”) against Manreet Singh (“Singh”) through Singh’s former employer R & R Group, Inc., d/b/a The Deerfield Inn (“Garnishee”). After Garnishee failed to respond to the garnishment, the Trial Court entered judgment against Garnishee in the amount of $1,283,066. Garnishee moved for relief from the judgment on the basis of insufficient service. The Trial Court granted Garnishee’s Tenn. R. Civ. P. 60.02 motion and set aside the final judgment on the basis of excusable negligence and ineffective service of process. Newgate appeals, arguing, among other things, that Garnishee waived the issue of service of process and that Garnishee’s employees had colluded to avoid a valid judgment. We find and hold that the Trial Court did not abuse its discretion in granting Garnishee’s motion for relief from judgment. We, therefore, affirm the Trial Court.

Attachments: