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Posted by: Tanja Trezise on May 29, 2015

Court: TN Court of Appeals

Attorneys 1:

Donald D. Glenn, Jackson, Tennessee, for the appellant, Gary Jack.

Attorneys 2:

A. Russell Larson, Jackson, Tennessee, for the appellee, Christie Crews.

Judge(s): STAFFORD

Plaintiff filed suit against defendant in general sessions court. After the general sessions court entered judgment in favor of defendant, plaintiff appealed to the circuit court. The circuit court conducted a trial de novo, but the defendant failed to appear and defend. The circuit court entered a default judgment in favor of plaintiff after she presented her proof. Defendant filed a motion to set aside the default judgment alleging that he never received notice of the trial date in circuit court. The circuit court denied defendant?s motion to set aside the default judgment. We reverse the circuit court?s ruling and remand for further proceedings.