Automated Summary
Key Facts
Harpeth Financial Services LLC obtained a final order in Davidson County general sessions court on May 2, 2024, for $2,931 in unpaid loan amounts plus $810.33 in attorneys' fees against Corey Montez Lea, Sr. Following the order, Lea filed a motion to set aside the judgment on October 30, 2024, approximately six months later, alleging fraudulent misrepresentation by Harpeth Financial. The general sessions court denied this motion on November 6, 2024. Lea then appealed to the Davidson County circuit court, but the appeal was dismissed on February 18, 2025. The circuit court found Lea had failed to file the motion to set aside within the ten-day statutory period required under Tennessee Code Annotated section 16-15-727(b), which deprived the general sessions court of jurisdiction to set aside the judgment. The appellate court affirmed this ruling.
Transaction Type
Loan / Credit Facility - Harpeth Financial Services LLC sought to recover $2,931 unpaid loan balance and $810.33 in attorneys' fees from Corey Montez Lea, Sr.
Issues
- Whether the circuit court erred by holding that Mr. Lea's motion to set aside the final order was not timely filed under Tennessee Code Annotated section 16-15-727(b), which requires motions to set aside in general sessions court to be filed within ten days of judgment entry.
- If the motion to set aside was untimely, whether the circuit court erred by failing to grant the motion based on alleged fraudulent misrepresentation by Harpeth Financial that Mr. Lea did not consent to the entry of the order.
- Whether Mr. Lea's due process rights were violated by the failure of Harpeth Financial and/or the circuit court to serve him with the motion to dismiss the appeal or alert him to an impending hearing on the motion.
Holdings
The appellant's motion to set aside a judgment pursuant to Tennessee Rule of Civil Procedure 60.02 was untimely filed because it was predicated on fraud rather than voidness, making it subject to the ten-day filing restriction under Tennessee Code Annotated section 16-15-727(b). Since the motion was filed approximately six months after the general sessions court entered the final order, the general sessions court lacked jurisdiction to set aside the judgment, and the circuit court correctly dismissed the appeal.
Remedies
The appellate court affirmed the circuit court's judgment dismissing the appellant's appeal. The motion to set aside the judgment was filed approximately six months after the final order was entered, exceeding the ten-day statutory period required by Tennessee Code Annotated section 16-15-727(b). Because the motion was not filed within the required timeframe, the general sessions court lacked jurisdiction to set aside the judgment, and the circuit court lacked jurisdiction to hear the appeal on the merits.
Contract Value
2931.00
Monetary Damages
2931.00
Legal Principles
Tennessee Code Annotated section 16-15-727(b) requires a motion to set aside a judgment filed in a general sessions court to be filed within ten (10) days of the date of judgment. This ten-day requirement is jurisdictional and applies to motions filed under Tennessee Rule of Civil Procedure 60.02(2) for relief based on fraud or misrepresentation. General sessions courts lack jurisdiction to set aside a final judgment if the motion to set aside is not filed within this statutory period. However, if the motion alleges the judgment is void under Rule 60.02(3), the ten-day requirement does not apply and the judgment may be attacked at any time.
Precedent Name
- R & F Enters., Inc. v. Penny
- Burns v. State Farm Fire & Cas. Co.
- Mathies
- Turner v. Turner
Cited Statute
- Tennessee Rule of Civil Procedure 60.02
- Tennessee Code Annotated § 27-5-108(a)(1)
- Tennessee Code Annotated § 16-15-727(b)
Judge Name
- Jeffrey Usman
- Carma Dennis McGee
- Clifton David Briley
- Thomas R. Frierion, II
Passage Text
- "[a] motion under the general sessions court's authority under Tenn. R. Civ. P. 60.02 shall be filed within ten (10) days of the date of judgment.' We have consistently enforced this provision as it is jurisdictional.
- In summary, having reviewed the record, it is clear that Mr. Lea's motion to set aside was predicated on purported fraud by Harpeth Financial, not voidness. Therefore, the motion was subject to the ten-day filing restriction set forth in Tennessee Code Annotated section 16-15-727(b). Mr. Lea's failure to file the motion within ten days left the general sessions court without jurisdiction to set aside the judgment. Accordingly, the ruling of the circuit court is affirmed.
Damages / Relief Type
$2,931 for unpaid loan balance plus $810.33 in attorneys' fees