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Posted by: Landry Butler on Oct 3, 2017

Head Comment: With consenting and dissenting opinion by MCBRAYER.

Court: TN Court of Appeals

Attorneys 1:

Charles J. Friddell, Nashville, Tennessee, for the appellants, Frank Santas and Alta Horizon, Inc.

Attorneys 2:

Jennifer S. Ghanem, Nashville, Tennessee, for the appellees, Kristina Abolins and Christopher Heath Hawkins.

Judge(s): SWINEY

This appeal concerns an order to set aside a default judgment. Kristina Abolins and Christopher Heath Hawkins (“Plaintiffs”) sued Frank Santas (“Santas”), doing business as Gunner Inc., and Alta Horizon, Inc. (“Defendants,” collectively), asserting a number of causes of action arising out of Defendants’ work on a renovation project at Plaintiffs’ home. After several months with no responsive filing from Defendants, Plaintiffs moved for default judgment. The Chancery Court for Davidson County (“the Trial Court”) granted Plaintiffs’ motion for default judgment. Defendants filed a motion to set aside default judgment, raising certain defenses and taking issue with service of process. The Trial Court entered an order granting the motion to set aside on the condition that Defendants pay Plaintiffs’ attorney’s fees and expenses. Defendants did not pay, and instead appealed to this Court. We find no abuse of discretion by the Trial Court. We, therefore, affirm the judgment of the Trial Court.