Carson v. Gilleland8/29/2003
On January 7, 2000, Richard M. Gilleland filed suit against William L. Cason, Vincent DeQuan Cason and Antonio Teran Seay, asserting that on January 7, 1999, while employed as an undercover narcotics agent with the Tennessee Bureau of Investigation, he was assaulted by the three defendants and during an ensuing scuffle was shot and severely wounded by the defendants, William and Vincent Cason. He sought compensatory damages in the amount of $5,000,000.00 and demanded a jury to try the case.
On February 14, 2000, the defendant, Vincent D. Cason, filed, pro se, an answer denying the allegations of the complaint. He made no demand for a jury.
On December 20, 2001, the trial court entered an order setting the case for trial on April 4, 2002, beginning at 9:00 a.m. at the Wilson County Courthouse in Lebanon, Tennessee. A copy of this order was served upon Vincent D. Cason at South Central Correctional Facility in Clifton, Tennessee.
The defendants, William L. Cason and Antonio Seay, never having answered the Complaint, Plaintiff, on January 18, 2002, filed a Motion for Default Judgment against these two defendants. This motion was granted on March 13, 2002, and default judgment was entered against them and the case set for trial on the issue of damages on April 4, 2002.
The cause was heard as scheduled on April 4, 2002 and following this hearing, the trial court on April 15, 2002 entered the following order:
This cause came on to be heard on the 4th day of April, 2002 on the Complaint as heretofore filed by the Plaintiff on January 7, 2000, the Default Judgment heretofore entered against the Defendants, William L. Cason and Antonio Teran Seay, on the 13th day of March, 2002 and the Court's Order setting the matter for trial; and
It further appearing to the Court that the Defendants, William Lonradus Cason, Vincent DeQuan Cason and Antonio Teran Seay, all received notice of the trial by Notice of the Court dated December 20, 2001, and it further appearing to the Court that the Defendant, Vincent DeQuan Cason, failed to appear and defend, and that the Plaintiff moved for Default Judgment against the Defendant, Vincent DeQuan Cason, which the Court granted and ORDERED that the Complaint be taken as confessed and that Judgment by Default be entered against the Defendant, Vincent DeQuan Cason.
This cause then came on for trial before the Honorable John Wootten, Jr., Judge, trial by jury being waived by the Plaintiff, and upon the testimony of the Plaintiff, Richard M. Gilleland, the Court FINDS and ORDERS that the Plaintiff shall have Judgment against the Defendants, Vincent DeQuan Cason, William L. Cason and Antonio Teran Seay, jointly and severally, for the sum of Five Million dollars ($5,000,000.00) and the costs of this cause for which let execution issue if necessary.
Defendant, Vincent D. Cason, pro se, timely appealed. The issue on appeal as asserted by the appellant is "whether the trial court erred when it deprived the defendant of the right to trial by jury and it entered a default judgment against the defendant." Appellant succinctly states his case in his brief:
The defendant is an indigent pro se layman at law who believed that once his answer to the complaint lodged against him was filed, that the court would insure that he would be transported to court on orders from the court so that defendant would have a chance to answer the complaint against him at trial.
However, an order to transport him to court was never issued by the court and as a result, on the day of trial, the plaintiff was allowed to waive the trial by jury and subsequent to the testimony of the plainti
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