Doris Davis Flowers v. Terisa Kimmins
Case Details
- Judge(s)
- Judge Thomas R. Frierson, II
- Status
- Published
- Procedural Posture
- appeal of trial court judgment; remanded for new proceedings
Related Laws
Outcome
Trial court's judgment awarding life insurance proceeds to plaintiffs was vacated and remanded because defendant failed to receive notice of hearings, violating due process requirements.
Excerpt
In this appeal regarding the proceeds of the decedent's life insurance policy, the Interim Clerk and Master of the Shelby County Chancery Court ("trial court") issued, pursuant to local rule, a "Notice and Recommendation for Sua Sponte Dismissal for Lack of Prosecution" after no activity concerning the case had occurred for over a year. The notice, which directed the parties to appear before the trial court on September 10, 2019, was not mailed to the defendant. Consequently, the defendant did not appear. Following the hearing, the trial court ordered a scheduling conference, at which the defendant also did not appear. During the scheduling conference, the trial court directed the plaintiffs to submit testimony and other evidence concerning the proceeds of the life insurance policy. Upon the plaintiffs' request for a declaratory judgment, the trial court entered an order finding, inter alia, that the defendant had failed to appear. The court awarded proceeds of the life insurance policy to the plaintiffs and assessed costs against the defendant. The defendant has appealed. On appeal, the parties have stipulated that the defendant did not receive notice of the hearings. We therefore vacate the trial court's order of final judgment and remand the case for further proceedings consistent with this opinion.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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