Grantham v. Tennessee State Board of Equalization

OPINION

FRANKS, Judge.

Plaintiff appeals from the chancellor’s refusal to grant T.R.C.P., Rule 60.02 relief from a judgment “ordered filed and entered” on September 8, 1989 in the chancery court.

We vacate and remand.

Plaintiff’s attorney’s affidavit states, as pertinent to this appeal:

The hearing of this case was on August 18, 1989, at which time the Chancellor announced that he would affirm the action of the State Board of Equalization. ...

The proposed order submitted by the Respondents, as set out in the motion, was mailed to Petitioner’s counsel on August 21, 1989, and it contained language…