Jeremy D. Caldwell v. Linda Neal as Clerk of the Circuit Court, Wilson County, Tennessee
Docket: M2011-02228-COA-R3-CV
Court: Court of Appeals of Tennessee; August 16, 2012; Tennessee; State Appellate Court
Original Court Document: View Document
Jeremy D. Caldwell, an inmate, appealed the dismissal of his action against Linda Neal, Clerk of the Circuit Court for Wilson County, for failure to prosecute. The appeal arose from the uncontradicted fact that Caldwell was not properly served with notice of the trial date, which led to the dismissal of his case. The original action stemmed from $766 being deducted from his inmate trust account to cover costs he claimed were assessed in violation of a plea agreement. In a prior appeal, the court had reversed a summary judgment in favor of the Defendant and remanded the case for further proceedings. During the remand, while the motion to set the case for trial was served correctly, the order setting the trial date was sent to the wrong address, and the motion and witness lists did not include the trial date. On the scheduled trial date, Caldwell was not present, prompting the Defendant to move for dismissal due to failure to prosecute. The court granted the motion, but on appeal, it was determined that the dismissal was erroneous given the improper service of notice. The appellate court rejected the Defendant's argument that Caldwell had waived his right to contest the dismissal by not raising the notice issue in the trial court, emphasizing that the burden of proper notice lay with the Defendant. Consequently, the Circuit Court's judgment was reversed, and the case was remanded for further proceedings.