TOMMY BURNEY HOMES v. WAYNE K. FRANCIS - Articles

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Posted by: Chandra Williams on Aug 13, 2015

Court: TN Court of Appeals

Attorneys 1:

Robert T. Bateman, Clarksville, Tennessee, for the appellant, Robert Wayne Francis.

Attorneys 2:

Mart G. Fendley, Clarksville, Tennessee, for the appellee, Tommy Burney Homes.

Judge(s): DINKINS

Plaintiff filed a detainer warrant to regain possession of property and for unpaid rent; the warrant was served upon the father of the purported lessee. The General Sessions Court initially entered a default judgment, allowing Plaintiff to regain possession of the property; several months later the court entered a default judgment for damages against the purported lessee. Eight years later Plaintiff sought to execute on the judgment by issuing a garnishment. The judgment debtor moved to quash the garnishment and to set aside the money judgment on the ground that there was no personal service on any defendant and that the money judgment had not been entered against the judgment debtor. The court granted the motion and held that the judgment was void; Plaintiff appealed to Circuit Court. After a hearing, the Circuit Court reinstated the money judgment; the lessee appeals. Holding that the lessee was not properly served for purposes of entry of a default judgment for money, we reverse the ruling of the Circuit Court and dismiss the case.

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