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Court denies default and admits late answer in Upchurch suit; plaintiff may seek fees
Summary
A judge denied a plaintiff’s motion for default after defense counsel filed a late answer and showed engagement with the case; the court allowed the late filing and invited the plaintiff to apply for attorney fees tied to the default-motion work.
In a civil motion for default, the court refused to enter a default judgment against the defendant after reviewing the record and hearing argument from both sides. Plaintiff counsel cited Rule 12.01 and case law supporting default judgments for failure to answer; defense counsel John Jacobson said he had entered an appearance, attempted to confer, and filed an answer late while offering to promptly enter a scheduling order.
The judge noted that Tennessee law disfavors defaults and that present circumstances — including the defense counsel’s demonstrated involvement and apparent miscommunications between counsel — warranted allowing the late-filed answer. "Cases should be decided on their merits rather than on technical issues," the judge said in explaining the ruling. The plaintiff may submit an affidavit for attorney's fees incurred in preparing the default motion and attending the hearing; the court signaled it will consider that request.
Provenance: hearing on default-motion (topicintro: SEG 272; topfinish: SEG 576).
Speakers quoted or referenced (whitelist): Tia Bailiff (plaintiff counsel), John Jacobson (defense counsel), Chair (presiding judge).
