Maston G. Lyons, III, et al. v. Kimberly G. Leffew, et al.

Plaintiffs appeal from the denial of a second Tenn. R. Civ. P. 60.02 motion. Eight months after the case was dismissed for failure to prosecute, Plaintiffs filed the first of two Rule 60.02 motions alleging they did not receive notice of the motion to dismiss their case and that they did not receive the order dismissing the case. The trial court denied the first Rule 60.02 motion and plaintiffs did not appeal that ruling. Plaintiffs then filed a second Rule 60.02 motion, asserting the same grounds as in the first motion. The trial court denied the second Rule 60.02 motion, which is the ruling at issue in this appeal. We have determined the issues presented in the second motion are res judicata because no new issues were presented in the second motion and, therefore, affirm the trial court.