Rogers v. Estate of Russell

OPINION

in which GODDARD, P.J., and SUSANO, J., joined.

Plaintiffs claim in Probate Court against the estate of his stepfather was denied by the Probate Court because it was not filed timely. The Probate Court advised Plaintiff, who appeared at the hearing pro se, that he should seek counsel if he wished to challenge the ruling of the Probate Court. Although Plaintiff immediately retained counsel, no further action was taken on the matter for eleven months. With new counsel, Plaintiff then filed a Motion to Set Aside Order Denying Claim pursuant to Tenn.R.Civ.P. Rule 60.02. This Motion was…