Fielder v. Lakesite Enterprises, Inc.

OPINION

CANTRELL, Judge.

The appellant in this case is asking for relief from a judgment of the Stewart County Chancery Court, under Tenn.R.Civ.Proc. 60.-02. That court divided the proceeds from a foreclosure sale of real property between the appellant and his co-plaintiffs in the foreclosure suit. The appellant argues he should be granted relief from the judgment because of mistake, excusable neglect and unfair surprise. For reasons set out below, we affirm the decision of the chancellor.

I

In 1970, appellant Neil Brown and Mr. O.W. Fielder became co-owners and tenants in common of 154 acres of…