Stephen L. Meisenheimer & Michael Loring Meisenheimer ex rel. Stephen L. Meisenheimer v. Gordon Meyer

Gordon Meyer appeals the trial court’s denial of his motion to vacate the judgment entered against him pursuant to Rule 60.02 of the Tennessee Rules of Civil Procedure. Mr. Meyer and his former wife, Leslie Meyer, were sued by Stephen and Michael Meisenheimer after Michael Meisenheimer, a minor, was injured during a birthday party at the defendants’ residence. Mr. Meyer and Mrs. Meyer failed to appear for trial, and the trial court, after hearing the plaintiffs’ proof, entered a judgment against the defendants in the amount of $12,683.25. Mrs. Meyer’s debt was discharged in bankruptcy, and the plaintiffs sought to collect from Mr. Meyer. The judgment was revived in 2003, and after the assignee of the plaintiffs filed a motion to compel Mr. Meyer to answer postjudgment interrogatories, Mr. Meyer filed a Rule 60.02 motion to vacate the judgment.  Although two attorneys entered pre-trial appearances on behalf of Mr. Meyer and Mrs. Meyer, one of whom filed an answer for the couple in circuit court, Mr. Meyer denied knowledge of the lawsuit and claimed that he did not receive notice of the trial date. Mr. Meyer submitted an affidavit from one of the attorneys who appeared on his behalf, claiming that he did not remember ever talking to Mr. Meyer about the lawsuit. An affidavit from a third attorney, Stephen Bowling, who represented Mr. Meyer in his divorce suit and to whom a copy of the judgment in this case was mailed,  confirmed that he would not have accepted service or forwarded any legal documents for Mr. Meyer if the documents did not pertain to the divorce action. Following a hearing, the trial court overruled Mr. Meyer’s Rule 60.02 motion, and he appeals. After careful review, we affirm, finding that Mr. Meyer failed to meet his burden of proof to justify Rule 60.02 relief.