WARREN BROTHERS SASH & DOOR COMPANY v. SANTORO CUSTOM BUILDERS, INC., ET AL.

Plaintiff filed a Tennessee Rule of Civil Procedure 69.04 motion to extend a 2008 default judgment entered against Defendant’s company and Defendant in his personal capacity.  Defendant filed a Rule 60.02(3) motion to set aside the default judgment with respect to himself in his individual capacity, asserting the judgment was void for lack of service. The trial court determined 1) Defendant had been served in the underlying matter, 2) that the judgment in the underlying case was not void, and 3) alternatively, if the judgment was invalid, “exceptional circumstances” justified the court’s refusal to set it aside.  We find that the 2008 default judgment was not void for lack of service and affirm.