In Re Chloe C.
M2017-00612-COA-R3-JV
| Tenn. Ct. App. | Nov 28, 2017Background
- Mother filed a paternity and child-support petition (Oct 29, 2014); service attempts at an Erie Church Road address ultimately revealed Appellant was incarcerated in Indiana and he was personally served at Branchville Correctional Facility (Dec 15, 2014).
- Appellant sent multiple letters to the juvenile court (Dec 16, 2014; Jan 26, 2015; Nov 17, 2016) stating he was incarcerated, indigent, disputing paternity, and requesting a DNA test; he indicated the Erie Church Road address was not current and marked it through on a letter.
- Mother filed a motion for final default judgment (Dec 7, 2016) and mailed notice to the Erie Church Road address; that mailing was returned as undeliverable (Jan 1, 2017).
- The juvenile court received Appellant’s Nov. 17, 2016 letter (filed Jan. 3, 2017) before the default hearing; nonetheless, the court entered final default judgment establishing paternity and awarding child-support arrears (Jan 11, 2017).
- Appellant appeared (Feb 10, 2017) and moved to set aside the default judgment under Tenn. R. Civ. P. 55.02 and 60.02; the juvenile court denied the motion (Mar 8, 2017). Appellant appealed.
Issues
| Issue | Mother’s Argument | Appellant’s Argument | Held |
|---|---|---|---|
| Whether the default judgment should be set aside for failure to provide notice under Tenn. R. Civ. P. 55.01 | Notice was proper because Mother mailed the motion to the last address Appellant provided (Erie Church Road) after his release | Appellant lacked the 5 days’ actual/adequate notice required by Rule 55.01 because he informed the court he was incarcerated at an Indiana facility and the mailing to Erie Church Road was returned | Reversed: trial court abused discretion; Mother failed to provide required notice under Rule 55.01 and court’s finding that Appellant supplied no other address was clearly erroneous |
Key Cases Cited
- Discover Bank v. Morgan, 363 S.W.3d 479 (Tenn. 2012) (standard for abuse of discretion in appellate review)
- H.G. Hill Realty Co. v. Re/Max Carriage House, Inc., 428 S.W.3d 23 (Tenn. Ct. App. 2013) (default admits properly pleaded factual allegations)
- Henry v. Goins, 104 S.W.3d 475 (Tenn. 2003) (courts should liberally grant Rule 60.02 relief for default judgments to allow merits adjudication)
- Tenn. Dep’t of Human Servs. v. Barbee, 689 S.W.2d 863 (Tenn. 1985) (policy disfavors dismissals and default judgments)
- State ex rel. Jones v. Looper, 86 S.W.3d 189 (Tenn. Ct. App. 2000) (discussion of effect of default judgment admissions)