Appeal from the Chancery Court for Clay County No. 4053 Hon. Ronald Thurman, Chancellor - Articles

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Posted by: Chandra Williams on Jan 19, 2016

Court: TN Court of Appeals

Attorneys 1:

Kelly R. Williams, Livingston, Tennessee, for the appellants, Mitchell Strode and Randy Strode.

Attorneys 2:

Michael R. Giaimo, Cookeville, Tennessee, for the appellee, the Macedonia Missionary Baptist Church.

Judge(s): MCCLARTY

This appeal involves a motion to set aside a declaratory judgment action involving a cemetery. Service to the community at large was made by publication. No answer, pleading, or response of any kind was filed within the time allowed by the court. Following a hearing, the trial court provided the Macedonia Cemetery Board of Trustees with the exclusive authority to oversee operation and maintenance of the cemetery. The respondents filed a motion to set aside the judgment, claiming they had not received notice of the hearing. The court denied the motion. The respondents appeal. We dismiss the appeal for failure to comply with Rule 27 of the Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals, as such the judgment of the trial court is affirmed.