Jerkins v. McKinney

OPINION

HENRY, Justice.

These consolidated civil actions, filed pursuant to Rule 60.02, Tennessee Rules of Civil Procedure, seek to have the Court set aside an underlying judgment and award a new trial.

The Chancellor dismissed the suits on motion for summary judgment, but, on appeal, the Court of Appeals reversed and remanded.

We granted certiorari primarily in order to construe and clarify Rule 60.02, Tenn.R. Civ.P.

I

This review is in the context of a complicated and unique actual background which must be noted as a prelude to the ensuing discussion.

The underlying judgment was rendered in a…