| David H. Crenshaw, Sr. v. Ats Southeast, Inc.
01S01-9701-CH-00018
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This is an appeal by the employer from an order of the trial court setting aside a previously issued order of dismissal for failure to prosecute a workers' compensation case within one year under the local rules of court for Davidson County. The trial court set aside the dismissal order under Rule 6.2, TENN. R. CIV. P. The complaint for workers' compensation benefits was filed October 14, 1994. The defendant filed an answer on November 17, 1994. The trial court, sua sponte, dismissed the complaint on November 6, 1995 under the local rule for failure to prosecute. The record before us, which consists of the pleadings, orders and an affidavit of the employee's counsel in support of his Rule 6 motion, show the notice of dismissal was filed on counsel for the plaintiff on November 14, 1995. On January 22, 1996, plaintiff filed a Rule 6 motion to have the order dismissed or set aside. On February 26, 1996, the trial judge found "Plaintiff [had] not made out a sufficient showing of mistake, inadvertence, surprise, or excusable neglect to justify relief under Rule 6, Tennessee Rules of Civil Procedure," however "because this matter is a workers' compensation action, the Order of Dismissal will be set aside and this case shall be put back on the Court's active docket." Unless otherwise set out in the order of dismissal, such order operates as an adjudication upon the merits. Rule 41.2(3), TENN. R. CIV. P. Rule 59.4, TENN. R. CIV. P., provides for a motion to amend or alter a judgment. Such motions must be filed and served on the opposite party within 3 days of the entry of the judgment in question. A judgment becomes final in 3 days and cannot be reviewed after that time. Algee v. State Farm General Ins. Co., 89 S.W.2d 445, 447 (Tenn. Ct. App. 1994). The order of dismissal in this case became final 3 days after entry thereof, 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Chancellor |
Davidson County | Workers Compensation Panel | 06/23/97 | |
| State, et al vs. Nathaniel Ford
02C01-9706-CC-00215
|
Lauderdale County | Court of Criminal Appeals | 06/20/97 | |
| Bobbie & Willie Byrd vs. First Tennessee Bank
02A01-9610-CV-00252
|
Court of Appeals | 06/20/97 | ||
| State Farm Ins. vs. Gill
01A01-9701-CV-00010
Originating Judge:Tyrus H. Cobb |
Bedford County | Court of Appeals | 06/20/97 | |
| Albert Milam/Tina Milam vs. Franklin Wilson
02A01-9607-CV-00167
|
Shelby County | Court of Appeals | 06/20/97 | |
| Nickolas Price, et al vs. Christian Price
02A01-9609-CH-00228
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 06/20/97 | |
| 02A01-9508-CV-00176
02A01-9508-CV-00176
Originating Judge:Dick Jerman, Jr. |
Crockett County | Court of Appeals | 06/20/97 | |
| Turtle Creek Apts. vs. Polk
01A01-9608-CV-00382
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 06/20/97 | |
| Dillon vs. State
01A01-9701-BC-00020
|
Davidson County | Court of Appeals | 06/20/97 | |
| John Wolfe vs. First American Corp.
02A01-9510-CV-00212
Originating Judge:Whit A. Lafon |
Madison County | Court of Appeals | 06/20/97 | |
| State vs. Timothy Porter
02C01-9605-CC-00179
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 06/20/97 | |
| Mattie Bedford vs. Margaret Culpepper, et al
02A01-9604-CH-00085
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 06/20/97 | |
| Wayne Bates vs. State
01C01-9603-CC-00102
Originating Judge:Gerald L. Ewell, Sr. |
Coffee County | Court of Criminal Appeals | 06/20/97 | |
| Robins vs. Flagship Airlines, Inc. & AMR Corp
01A01-9612-CV-00550
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 06/20/97 | |
| 02C01-9509-CC-00267
02C01-9509-CC-00267
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 06/19/97 | |
| State vs. Johnny Smith
02C01-9608-CR-00287
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 06/19/97 | |
| State vs. Williams Stitts
02C01-9607-CC-00239
|
Madison County | Court of Criminal Appeals | 06/19/97 | |
| State vs. Jessie Bishop
02C01-9609-CR-00301
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 06/19/97 | |
| State vs. Whitmore
03C01-9404-CR-00141
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 06/19/97 | |
| State vs. Charles Smith
02C01-9708-CC-00311
|
Lauderdale County | Court of Criminal Appeals | 06/18/97 | |
| State vs. Edison
03C01-9605-CC-00199
Originating Judge:Ben W. Hooper, II |
Jefferson County | Court of Criminal Appeals | 06/18/97 | |
| Harrill vs. State
03C01-9605-CC-00185
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 06/18/97 | |
| State vs. Lane
03C01-9607-CC-00259
Originating Judge:R. Steven Bebb |
Bradley County | Court of Criminal Appeals | 06/18/97 | |
| State vs. David L. Hathaway
01C01-9703-CR-00094
|
Pickett County | Court of Criminal Appeals | 06/18/97 | |
| Flowers vs. Metro Baptist Schools
01A01-9705-CH-00219
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 06/18/97 |
