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May v. Woodlawn Memorial Park9/17/2002
Plaintiff, Robert May (May), sued defendant, Woodlawn Memorial Park (Woodlawn), in general sessions court and the case was dismissed by the general sessions court on June 20, 2001 for failure to prosecute. On June 21, 2001, May appealed for a de novo trial in circuit court with an appropriate appeal bond. On July 31, 2001, May filed a motion to set the case for trial, or in the alternative, for a scheduling order and also included a motion to amend the pleadings. The motion was set for a hearing on August 24, 2001, but at the request of Woodlawn, was continued by agreement to August 31, 2001.
Relying on Rule 20(b), Local Rules of Practice of the Courts of Record of Davidson County, the trial court, on September 24, 2001, entered an order dismissing the appeal, which states:
It appears to the Court that this general sessions appeal has not been set for trial within forty-five (45) days.
Therefore, in accordance with Rule 20(b) of Local Rules of Practice of the Courts of Record of Davidson County, it is ORDERED that the judgment of the General Sessions Court is hereby made a judgment of the Circuit Court.
Further, the cost of this cause are assessed to the appellant, and/or its surety for which execution may issue, if necessary.
On October 23, 2001, May filed a motion to alter or amend the judgment pursuant to Rules 59 and 60, Tenn.R.Civ.P. We perceive the motion, with the supporting documents, to present two avenues for relief: (1) May asserts that he complied with the local rule by filing his motion for a trial setting within 45 days; (2) If, in fact, he is incorrect in his interpretation of the rule, he should have relief resulting from his counsel's mistake, inadvertence, or excusable neglect. See Tenn.R.Civ.P. 60.02 (1).
The trial court denied May's motion and he has appealed, presenting three issues for review, as stated in his brief:
(1) Whether the Appellant complied with the local rules of the Davidson County Court when he filed his motion to set his general sessions appeal within forty-five (45) days of the receipt of the warrant by the Circuit Court;
(2) Whether the local rule in question and the actions of the trial court in dismissing Appellant's general sessions appeal were contrary to controlling state law and wrongfully deprived Appellant of his fundamental rights of due process and equal protection;
(3) Whether the trial court erred in failing to set aside the dismissal of Appellant's general sessions appeal.
Consideration of the first issue involves an interpretation of Local Rule 20(b) of the Local Rules of Practice of the Davidson County Court of Record, which states:
Once the warrant being appealed is received by and filed with the Circuit Court Clerk, the appellant has the duty to set the appeal for a hearing before a trial judge. The appellant has forty five (45) days to secure a trial date from the court. This time is counted from the date the Circuit Court Clerk files the appealed warrant. If the appellant fails to secure this order within the 45 day time period, an order will be entered making the judgment of the General Sessions Court the judgment of the Circuit Court with costs taxed to the appellant. At the time the appeal is perfected in the Clerk's office, the clerk shall give the appellant or the appellant's attorney written notice of this rule.
All trial courts are required to adopt in writing local rules describing procedures for various steps in the trial of cases, including the setting of cases for trial. Rule 18 (a)(1), Rules of the Supreme Court. Thus, the promulgation of the local rules is somewhat anal
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