Jim Vines v. David Gibson

OPINION

In this breach of contract case, the defendant appeals from the trial court’s refusal to grant a new trial or set aside an order favorable to the plaintiff. Because we find that the defendant did not receive advance notice of the hearing that led to the entry of the order, we vacate the order of the trial court.

I

The issue on this appeal is whether the defendant is entitled to relief from an order-entered August 27, 1999 — pursuant to Tenn.R.Civ.P. 59, which affords relief from a judgment due to mistake, inadvertence, surprise, or excusable neglect. See Campbell v. Archer, 555 S.W.2d…