Reynolds v. Battles, 108 S.W.3d 249 (Tenn. Ct. App. 2003). · Go Syfert
Reynolds v. Battles, 108 S.W.3d 249 (Tenn. Ct. App. 2003). Cases Citing This Book View Copy Cite
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Cited for
At page 251 Construing rule 60.02 regarding default judgments34 citing cases“if a litigant proceeding pro se relocates during the course of litigation, he is encumbered with the responsibility of notifying the clerk of the court of his new address.”7 citing courts quote it · 1 cautionary
  • Todd Randolph Napier v. Kristen C. Napier, No. M2019-00978-COA-R3-CV, 2020 WL 4299404 (Tenn. Ct. App. July 27, 2020).published Cited "but see" · 2 cites
    But see generally Reynolds v. Battles, 108 S.W.3d 249, 253 (Tenn. Ct. App. 2003) (holding that where a party failed to properly notify the opposing party of an application for default judgment as required by Rule 55.01 of the Tennessee Rul…
  • In re Gregory Couch, No. 16-8009 (B.A.P. 6th Cir. Feb. 2, 2017).unpublished
    (If a litigant proceeding pro se relocates during the course of litigation, he is encumbered with the responsibility of notifying the clerk of the court of his new address.)
  • Nicole Goeser v. Live Holdings Corp., No. M2013-02501-COA-R3-CV (Tenn. Ct. App. Dec. 29, 2014).published
    (If a litigant proceeding pro se relocates during the course of litigation, he is encumbered with the responsibility of notifying the clerk of the court of his new address.)
  • Roland Brown v. HDR Logistics, LLC, 714 S.W.3d 506 (Tenn. Ct. App. 2024).published
    Reynolds v. Battles, 108 S.W.3d 249, 251 (Tenn. Ct. App. 2003).
  • Tina Marie Eltzroth v. Danny Ray Eltzroth, No. E2023-00484-COA-R3-CV (Tenn. Ct. App. July 11, 2024).published
    Reynolds v. Battles, 108 S.W.3d 249, 251 (Tenn. Ct. App. 2003).
  • In re Alessa H., No. M2021-01403-COA-R3-PT, 2022 WL 3332653 (Tenn. Ct. App. Aug. 12, 2022).published
    Reynolds v. Battles, 108 S.W.3d 249, 251 (Tenn. Ct. App. 2003) (citing Barbee, 689 S.W.2d at 866 ).
  • In re Kaylene J., No. E2019-02122-COA-R3-PT, 2021 WL 2135954 (Tenn. Ct. App. May 26, 2021).published
    “relocates during the course of litigation . . . is encumbered with the responsibility of notifying the clerk of the court of his new address”
  • Battery All., Inc. v. Clinton Beiter, No. W2018-02117-COA-R3-CV (Tenn. Ct. App. Dec. 19, 2019).published
    Henry v. Goins, 104 S.W.3d 475, 481 (Tenn. 2003); Reynolds v. Battles, 108 S.W.3d 249, 251 (Tenn. Ct. App. 2003).
  • Colette Elaine Wise v. Daniel Gregory Bercu, No. M2017-01277-COA-R3-CV (Tenn. Ct. App. Sept. 30, 2019).published
    Reynolds v. Battles, 108 S.W.3d 249, 251 (Tenn. Ct. App. 2003).
  • In re I.G., No. M2015-01974-COA-R3-JV (Tenn. Ct. App. Jan. 27, 2017).published 2 cites
    Reynolds v. Battles, 108 S.W.3d 249, 253 (Tenn. Ct. App. 2003) (quoting Churney v. Churney, No. 02A01-9211-CV-00326, 1993 WL 273891 at *2 (Tenn. Ct. App., filed July 22, 1993)).
Show 24 more citing cases
  • Stephanie D. Turner v. Kevin Turner, No. W2013-01833-COA-R3-CV (Tenn. Ct. App. July 7, 2014).published 2 cites
    Reynolds v. Battles, 108 S.W.3d 249, 252 (Tenn. Ct. App. 2003).
  • In re Justin A. H., No. M2013-00292-COA-R3-CV (Tenn. Ct. App. July 7, 2014).published
    Reynolds v. Battles, 108 S.W.3d 249, 251 (Tenn. Ct. App. 2003) (citing Tenn. Dep’t of Human Servs. v. Barbee, 689 S.W.2d 863, 866 (Tenn. 1985)).
  • Jeremy Mitchell Jordan v. Donald Keeble, No. E2012-02478-COA-R3-CV (Tenn. Ct. App. Mar. 27, 2014).published
    “litigant proceeding pro se relocates during the course of litigation, he is encumbered with the responsibility of notifying the clerk of the court of his new address”
  • Amanda Leenhouts v. Gert Jan Leenhouts, No. M2012-01844-COA-R3-CV (Tenn. Ct. App. July 31, 2013).published
    Reynolds v. Battles, 108 S.W.3d 249, 251 (Tenn. Ct. App. 2003); State ex rel.
  • Benedicta Kurunwune Obi v. George Obi - Concurring, No. M2010-00485-COA-R3-CV (Tenn. Ct. App. June 1, 2011).published
    Reynolds v. Battles, 108 S.W.3d 249, 251 (Tenn. Ct. App. 2003).
  • Damon A. Tatum v. Mercedeas A. Tatum, No. W2009-00566-COA-R3-CV, 2009 WL 4723370 (Tenn. Ct. App. Dec. 10, 2009).published
    In Reynolds v. Battles, 108 S.W.3d 249, 251 (Tenn. Ct. App. 2003), notices concerning the motion for a default judgment and the hearing on such motion were sent to the wrong address, and the defendants denied receiving them.
  • In re Adoption of S. A. W., No. M2007-01690-COA-R3-PT (Tenn. Ct. App. Mar. 26, 2008).published
    “If a litigant proceeding pro se relocates during the course of litigation, he is encumbered with the responsibility of notifying the clerk of the court of his new address”
  • Jonathan Patrick Hayes v. Deborah Ingrid Hayes, No. M2006-02356-COA-R3-CV, 2007 WL 2580026 (Tenn. Ct. App. Sept. 6, 2007).published
    Tenn. Dept. of Human Servs. v. Barbee, 689 S.W.2d 863, 866 (Tenn. 1985); Reynolds v. Battles, 108 S.W.3d 249, 251 (Tenn. Ct. App. 2003); see also Henry v. Goins, 104 S.W.3d 475, 479 (Tenn. 2003) (applying Rule 60.02 to a dismissal for fail…
  • Crystal Capitol, LLC v. Katharine McManus Barber - Dissenting, No. M2006-00027-COA-R3-CV (Tenn. Ct. App. Apr. 20, 2007).published
    Reynold v. Battles, 108 S.W.3d 249, 251 (Tenn. Ct. App. 2003).
  • O'Rane M. Cornish, Sr. v. Home Depot, Inc., No. W2006-00568-COA-R3-CV (Tenn. Ct. App. Apr. 19, 2007).published
    “[i]f a litigant proceeding pro se relocates during the course of litigation, he is encumbered with the responsibility of notifying the clerk of the court of his new -4- address”
  • Kenyale Pirtle v. Tennessee Dep't of Corr., No. W2006-01220-COA-R3-CV (Tenn. Ct. App. Jan. 30, 2007).published
    Reynolds v. Battles, 108 S.W.3d 249, 251 (Tenn. Ct. App. 2003).
  • George Palmetree v. Jess Rivera, No. W2005-02363-COA-R3-CV (Tenn. Ct. App. June 6, 2006).published
    Reynolds v. Battles, 108 S.W.3d 249, 251 (Tenn. Ct. App. 2003); Keck v. Nationwide Sys., Inc., 499 S.W.2d 266, 267 (Tenn. Ct. App. 1973). -2- Analysis Tennessee Rule of Civil Procedure 55.02 enables the trial court to set aside a default j…
  • Carol Bracken Orten v. Thaddeus Charles Orten - Dissenting, No. E2004-02987-COA-R3-CV (Tenn. Ct. App. Aug. 26, 2005).published
    Keck v. Nationwide Sys., 499 S.W. 2d 266, 267 (Tenn. Ct. App. 1973), Reynolds v. Battles, 108 S.W. 3d 249, 251 (Tenn. Ct. App. 2003), Tennessee State Bank v. Lay, 609 S.W. 2d 525, 527 (Tenn. Ct. App. 1980).
  • Orten v. Orten, 185 S.W.3d 825 (Tenn. Ct. App. 2005).published 2 cites
    Keck v. Nationwide Sys., 499 S.W.2d 266, 267 (Tenn.Ct.App.1973), Reynolds v. Battles, 108 S.W.3d 249, 251 (Tenn.Ct.App.2003), Tennessee State Bank v. Lay, 609 S.W.2d 525, 527 (Tenn.Ct.App.1980).
  • Louis Hudson Roberts v. Mary Elizabeth Todd, No. M2003-02594-COA-R3-CV, 2004 WL 2964717 (Tenn. Ct. App. Dec. 21, 2004).published 2 cites
    Reynolds v. Battles, 108 S.W.3d 249, 251 (Tenn. Ct. App. 2003).
  • Raymond LeDoux & wife v. Wendall Pierce, No. M2003-00671-COA-R3-CV (Tenn. Ct. App. Aug. 20, 2004).published
    Reynolds v. Battles, 108 S.W.3d 249, 251 (Tenn. Ct. App. 2003); State ex rel.
  • Mary Watkins v. Bryan Watkins, No. M2002-01777-COA-R3-CV, 2003 WL 23093846 (Tenn. Ct. App. Dec. 30, 2003).published 2 cites
    Reynolds v. Battles, 108 S.W.3d 249, 251 (Tenn. Ct. App. 2003).
  • Alanna Lee Kummer v. Johnny Kummer, III, No. M2023-00033-COA-R3-CV (Tenn. Ct. App. Jan. 16, 2025).published
    See Reynolds v. Battles, 108 S.W.3d 249, 251 (Tenn. Ct. App. 2003).
  • Kristin Marie Miclaus v. Andrei Miclaus, No. E2018-02134-COA-R3-CV (Tenn. Ct. App. June 24, 2019).published 2 cites
    (court should grant relief pursuant to Rule 60.02(1) if court has any reasonable doubt about whether judgment should be set aside)
  • Benedicta Kurunwune Obi v. George Obi, No. M2010-00485-COA-R3-CV (Tenn. Ct. App. June 1, 2011).published 2 cites
    (court should grant relief pursuant to Rule 60.02(1) if court has any reasonable doubt about whether judgment should be set aside)
  • Brenda Carrol Bivens v. Donald Eugene Bivens, No. E2010-00248-COA-R3-CV (Tenn. Ct. App. Nov. 22, 2010).published
    See Reynolds v. Battles, 108 S.W.3d 249, 251 (Tenn. Ct. App. 2003).
  • Robert T. Logan, Jr. v. Civil Serv. Comm'n of the City of Memphis, No. W2007-00324-COA-R3-CV, 2008 WL 715226 (Tenn. Ct. App. Mar. 18, 2008).published
    Broyles v. Woodson, No. E2004-00402-COA-R3-CV, 2005 WL 378929 , at *6 (Tenn. Ct. App. Feb. 17, 2005)(no perm. app. filed); see Reynolds v. Battles, 108 S.W.3d 249, 251 (Tenn. Ct. App. 2003).
  • Panther Petroleum, LLC v. Couch (In re Couch), 544 B.R. 867 (Bankr. E.D. Ky. 2016).published
    (If a litigant proceeding pro se relocates during the course of litigation, he is encumbered with the responsibility of notifying the clerk of the court of his new address.)
  • Gregory Couch v. Panther Petroleum, 704 F. App'x 569 (6th Cir. 2017).unpublished
At page 252 Determining proper service of notice for default judgment6 citing cases“unless the judgment is void, a default judgment will not be set aside unless the defendant has made a showing of a meritorious defense.”the opinion's own words at *252, quoted by 2 later opinions · 5 listed here
  • James C. Loden v. Gerald Michael Schmidt, No. M2014-01284-COA-R3-CV, 2015 WL 1881240 (Tenn. Ct. App. Apr. 23, 2015).published 2 cites
    While asserting a meritorious defense may be one 10 element in deciding whether a trial court should have set aside a default judgment, see Reynolds v. Battles, 108 S.W.3d 249, 252 (Tenn. Ct. App. 2003), Mr. Schmidt did not request this re…
  • In re Brookelyn W., No. W2014-00850-COA-R3-PT, 2015 WL 1383755 (Tenn. Ct. App. Mar. 24, 2015).published
    Reynolds v. Battles, 108 S.W.3d 249, 252 (Tenn. Ct. App. 2003).
  • Stephanie D. Turner v. Kevin Turner, No. W2013-01833-COA-R3-CV (Tenn. Ct. App. July 7, 2014).published 2 cites
    Reynolds v. Battles, 108 S.W.3d 249, 252 (Tenn. Ct. App. 2003).
  • Tom R. Smith v. Thomas Harding Potter, No. M2011-01560-COA-R3-CV, 2012 WL 2159596 (Tenn. Ct. App. June 13, 2012).published
    This court has also determined that a failure to provide adequate information on a certificate of service constitutes “facially insufficient notice.” Frierson v. Johnson, M2006- 02598-COA-R3-CV, 2008 WL 555721 , at *7 (Tenn. Ct. App., Feb.…
  • Kristie Lynn (McClannahan) Jenkins v. William Charles McClannahan, No. M2010-02061-COA-R3-CV (Tenn. Ct. App. Mar. 28, 2012).published
    Moreover, “an assertion of a meritorious defense is not required where ‘the default judgment was procured in violation of the Rules of Civil Procedure.’” Reynolds v. Battles, 108 S.W.2d 249, 252-53 (Tenn. Ct. App. 2003) (quoting Churney v.…
At page 253 Showing meritorious defense when default judgment is improper3 citing casesholding that where a party failed to properly notify the opposing party of an application for default judgment as required by Rule 55.01 of the Tennessee Rules of Civil Procedure, the movant was not required to show a meritorious defense1 citing court put it this way · 1 cautionary
  • Todd Randolph Napier v. Kristen C. Napier, No. M2019-00978-COA-R3-CV, 2020 WL 4299404 (Tenn. Ct. App. July 27, 2020).published Cited "but see" · 2 cites
    (holding that where a party failed to properly notify the opposing party of an application for default judgment as required by Rule 55.01 of the Tennessee Rules of Civil Procedure, the movant was not required to show a m…)
  • William Hunter Babcock v. Sonnia Elizabeth Lambert Babcock, No. E2020-00459-COA-R3-CV (Tenn. Ct. App. Apr. 28, 2021).published
    (opining that defendant’s averment that they were “now prepared to answer or otherwise plea to the complaint” was insufficient)
  • In re I.G., No. M2015-01974-COA-R3-JV (Tenn. Ct. App. Jan. 27, 2017).published 2 cites
    Reynolds v. Battles, 108 S.W.3d 249, 253 (Tenn. Ct. App. 2003) (quoting Churney v. Churney, No. 02A01-9211-CV-00326, 1993 WL 273891 at *2 (Tenn. Ct. App., filed July 22, 1993)).
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Jackie L. REYNOLDS, Et Al.
v.
Tammy Moffett BATTLES, Et Al.
Court of Appeals of Tennessee.
Jan 9, 2003.
Published opinion
108 S.W.3d 249
2003 Tenn. App. LEXIS 13
David W. Camp, Jackson, Tennessee, for the appellants, Tammy Moffett Battles and Gregory Scott Battles., Mark L. Agee and Jason C. Scott, Trenton, Tennessee, for the appellees, Jackie L. Reynolds and Audrey Jeannine Reynolds.
David R. Farmer.
Cited by 43 opinions  |  Published

OPINION

DAVID R. FARMER, J.,

delivered the opinion of the court,

in which W. FRANK CRAWFORD, P.J., W.S., and HOLLY K. LILLARD, J., joined.

This is an appeal from on order denying a Tenn. R. Civ. P. 60.02 motion to set aside a default judgment entered in favor of the plaintiffs for $1,200,000. We vacate the order of the trial court and remand for further proceedings.

This is the second appearance of this case before this Court. In August of 1999, Jackie L. Reynolds and Audrey Jeannine Reynolds (“the Reynolds”) filed suit against Tammy Moffett Battles and Gregory Scott Battles (“the Battles”) [1] for damages suffered as the result of, inter alia, defamation, false imprisonment, trespass to property, trespass to chattels, assault, and intentional infliction of emotional distress. The trial court dismissed the original claim against the Battles on the basis of the statute of limitations and failure to state a claim. The Reynolds appealed and this Court reversed and remanded for a trial on the merits. In our order of remand, we stated that the appellees should be allowed to file an answer so that the case could be conducted to a conclusion. Reynolds v. Battles, No. W2000-00340-COA-R3-CV, 2001 WL 101805 at *5, 2001 Tenn.App. LEXIS 78 at *18 (Tenn.Ct.App. Feb. 6, 2001) (no perm. app. filed) (hereinafter referred to as “Battles I ”).

Although the Battles were represented by counsel in the trial court, their counsel was permitted to withdraw by order of July 3, 2000. Thus when Battles I was heard by this Court, neither party was represented by counsel. Additionally, in Battles I, the Battles filed no brief in this Court. The Battles divorced soon after the initial claim in Battles I had been dismissed by the trial court, and assert in their current brief that they could not financially afford counsel in the appeal of Battles I.

[*251] By June of 2001, the Battles had not answered the Reynolds complaint as provided in our order remanding this cause. The Reynolds accordingly moved for a default judgement. The trial court granted this motion in July of 2001, and awarded the Reynolds over $1,000,000 in compensatory damages. Upon receiving notice of this judgment, the Battles again retained counsel and moved the trial court to set aside the default judgment pursuant Tenn. R. Civ. P. 60.02. This motion was denied by the trial court in December of 2001, and the Battles filed their notice of appeal to this Court on December 12, 2001.

Issues Presented

The issues presented by the Battles in this appeal are:

(1) Whether the trial court erred by failing to set aside the default judgment entered against the Defendants despite Defendants’ mistake, inadvertence and/or excusable neglect?
(2) Whether the trial court erred by awarding damages to Plaintiffs in the sum of one million two hundred thousand dollars ($1,200,000.00)?

The Reynolds raise the following additional issues:

(1) Whether this Court must conclusively presume that the evidence supported the action of the trial court because of the failure of the Appellants to provide this Court with an adequate record and the failure of the Appellants to file a transcript or statement of evidence?
(2) Whether the appeal of the Appellants is frivolous?

Standard of Review

We review a trial court’s entry of a default judgment and its refusal to set that judgment aside pursuant to a Tenn. R. Civ. P. 60.02 motion under an abuse of discretion standard. Tenn. Dep’t of Human Serv. v. Barbee, 689 S.W.2d 863, 866 (Tenn.1985). However, in the interests of justice, the courts have expressed a clear preference for a trial on the merits. Id. Thus rule 60.02 is construed liberally in the context of default judgments. Id. at 867. In deciding whether to grant a rule 60.02 motion to set aside the default judgment, courts consider three criteria: 1) whether the default was willful; 2) whether the defendant has asserted a meritorious defense; 3) the amount of prejudice which may result to the non-defaulting party. Id. at 866. If there is any reasonable doubt about whether the judgment should be set aside, the court should grant relief. Nelson v. Simpson, 826 S.W.2d 483, 486 (Tenn.Ct.App.1991).

Denial of Rule 60.02 Motion to Set Aside the Default Judgment

As an initial matter, we note that the Battles contend that they were unaware that the cause had been remanded in Battles I. We find this argument untenable. Notice that the cause in Battles I had been remanded was sent by this Court to the Battles at 1100 Hutton Road, Sardis, TN, which was the last address known by this Court at the time of the remand. If a litigant proceeding pro se relocates during the course of litigation, he is encumbered with the responsibility of notifying the clerk of the court of his new address. Without such notification, it is virtually impossible for the clerk to assure that subsequent notices will be received.

The Battles further submit that they did not receive notice of the Reynolds’ June 2001 motion for default judgment or of the July 2001 hearing. The Tennessee Rules of Civil Procedure require:

[*252] All parties against whom a default judgment is sought shall be served with a written notice of the application for judgment at least five days before the hearing on the application, regardless of whether the party has made an appearance in the action.

Tenn. R. Civ. P. 55.01. It is undisputed that both notices were sent by certified mail, return receipt requested, to Mr. Battles at Magnolia Street in Savannah, TN, and to Tammy Battles at 1045 Hutton Road in Sardis, TN, and that they were returned unclaimed to the Reynolds. It is also undisputed that following the hearing, the Battles received notice of the trial court’s judgment which was sent to Mr. Battles at the 508 Magnolia Street address and to Tammy Battles at Woodstown Loop in Shiloh, TN, by regular mail on. July 19, 2001. Tammy Battles asserts that although she at one time resided at 1100 Hutton Road, she never resided at 1045 Hutton Road. Mr. Battles asserts that he did not reside at the Magnolia Street address, that it is his grandfather’s address, and that he was unaware of the notices which were sent by certified mail. The Reynolds assert that the Battles simply chose to ignore the certified mail, and that the contention by the Battles that they never lived at the Magnolia Street address is refuted by the fact that they listed 508 Magnolia Street as their address during their divorce proceedings and on the appeal bond in this case.

Upon review of the limited record before us, we note that the Battles list 508 Magnolia Street as their address on the appeal bond filed in this Court. The Battles’ use of that address as their address of record, in addition to the fact that they received mail at this address, estops them from denying that it is the appropriate address for notice purposes. We agree that had notice of the default application been sent to 508 Magnolia Street, rule 55.01 would have been satisfied. However, our review of the record before us reveals that while the court’s judgment was sent to 508 Magnolia Street and received there by the Battles, the certificates of service filed with the notices of the motion and hearing sent by the Reynolds indicate that these notices were sent to 408 Magnolia Street. In light of the discrepancy in the record before us regarding where the notices were actually sent, we believe it is plausible that the Battles neither received notice of nor were aware of the Reynolds’ motion for a default judgment or the July hearing on that motion.

As noted above, if there is any doubt about whether a default judgment should be set aside, the court should grant relief. Nelson, 826 S.W.2d at 486. Further, this Court recently has opined that “[njotice to parties not represented by counsel that a motion for default judgment is pending is entirely consistent with the rules and with traditional notions of fair play.” Nelson, 826 S.W.2d at 487. According to the certificates of service attested to by the Reynolds in this case, proper notice to the Battles simply was not made. We accordingly are satisfied that sufficient doubt exists to justify setting the default judgment aside.

The Reynolds further assert that we should uphold the trial court’s default judgment because the Battles have not asserted a meritorious defense to the claim against them. Unless the judgment is void, a default judgment will not be set aside unless the defendant has made a showing of a meritorious defense. Patterson v. Rockwell Int'l, 665 S.W.2d 96, 100 (Tenn.1984). The defendant must assert a meritorious defense to the cause of action against him in order to have the default judgment set aside and to proceed to a trial on the merits. Id. at 101. A simple[*253] assertion that the defendant has a defense is not sufficient to constitute a showing of a meritorious defense. Id.

Neither the Battles’ motion to set aside the default judgment nor their memorandum of law in support of the motion assert a meritorious defense. The Battles statement that they “are now prepared to answer or otherwise plea to the complaint which has been filed in this cause” does not constitute a meritorious defense. See id. at 100. However, an assertion of a meritorious defense is not required where “the default judgment was procured in violation of the Rules of Civil Procedure.” Churney v. Churney, No. 02A01-9211-CV-00326, 1998 WL 273891 at *2, 1993 Tenn. App. LEXIS 494 at *6 (Tenn.Ct.App. July 22, 1993) (no perm. app. filed) (citing Patterson, 665 S.W.2d 96). Since the Reynolds failed to properly notify the Battles of their application for default judgment as required by rule 55.01, the Battles’ failure to assert a meritorious defense is not fatal to their motion to set aside the default judgment.

Conclusion

In light of the foregoing, the default judgment entered by the trial court is vacated. This cause is remanded for further proceedings consistent with this opinion. Costs of this appeal are taxed to the appellees, Jackie L. Reynolds and Audrey Jeannine Reynolds.

1

. We note that Tammy Moffett Battles has subsequently remarried and is now known as Tammy Battles Rickman. For the sake of clarity, in this opinion we will refer to Ms. Rickman and Mr. Battles collectively as "Battles,” and to Ms. Rickman individually as "Tammy Battles.”