Endeavor Metals Group, LLC v. Andrew McKevitz

This appeal arises from an action in the circuit court to set aside a default judgment entered in the general sessions court as void on the grounds the general sessions court lacked both personal and subject matter jurisdiction. After the judgment creditor filed his answer, the judgment debtor moved for summary judgment on these issues. Per the requirements of Tenn. R. Civ. P. 56.03, the judgment debtor filed a statement of undisputed material facts supported by citation to the record that the individual upon whom service of process was effectuated was not a partner, managing agent, officer, or an agent authorized to accept service of process on its behalf. In his response to the motion, the judgment creditor agreed that some of the facts were undisputed but disputed others; however, in contravention of Tenn. R. Civ. P. 56.03, he did not cite to the record in support of the facts to which he contended there was a dispute. Accordingly, the circuit court deemed all of the facts in the statement of undisputed material facts to be undisputed. Based on the undisputed facts, the circuit court granted summary judgment, concluding that the general sessions court lacked both personal and subject matter jurisdiction. This appeal followed. We affirm.