Charles Smith, Executor of the Estate of Ethel Rogers Smith v. Jerry Smith

The issue in this case is whether the trial court erred in denying the plaintiff’s Tenn. R. Civ. P.  60.02 motion for relief from judgment. Following a bench trial and judgment in favor of the defendant, a third party provided additional materials pursuant to an agreed discovery order, which were not previously disclosed to the parties before trial. The plaintiff filed a motion pursuant to Rule 60.02, requesting that the judgment be set aside based on this newly discovered evidence. The plaintiff also argued that the doctrines of equitable estoppel and judicial estoppel should be applied to grant relief from the judgment. The trial court denied the motion, and the plaintiff appealed. After careful review, we find that the trial court incorrectly applied the law in deciding on the plaintiff’s Rule 60.02 motion. Therefore, we vacate and remand.