Kay Sauer v. Donald D. Launius dba Alpha Log Cabins

Kay Sauer (“the Plaintiff”) sued Donald D. Launius (“the Defendant”) on a civil warrant in general sessions court alleging, among other things, that the Defendant did business as Alpha Log Cabins. The Defendant appealed an adverse judgment in general sessions to the trial court. In the trial court, the Defendant, by counsel, filed a motion to dismiss, asserting that the Plaintiff had sued the wrong party as the contract upon which she had sued was with Alpha Log Cabin Sales and Rentals, Inc. (“the Agent”). The case was set for hearing on April 13, 2009. In the meantime,  between the filing of the motion to dismiss and the hearing date, the Defendant’s attorney  withdrew. The Defendant failed to appear on the hearing date, and the court entered judgment in the Plaintiff’s favor. The Defendant filed a motion to set aside pursuant to Tenn. R. Civ. P. 60.02 supported by his affidavit in which he stated that he did not receive notice of the hearing date. The trial court denied the motion to set aside. The Defendant appeals. We remand the case to the trial court with instructions to enter an order vacating the court’s judgment.