Annie Douglas v. Geraldine Latimer et al.

Thirty-one days after entry of the trial court’s final order, Appellants filed a motion to alter or amend the judgment pursuant to Rules 59.02 and 59.04 of the Tennessee Rules of Civil Procedure. Appellants subsequently filed a motion for relief pursuant to Rule 60.02, requesting that the court consider their untimely Rule 59 Motion due to their attorney’s excusable neglect or mistake. The basis for the alleged excusable neglect was Appellants’ counsel’s admitted calendaring error, which resulted in counsel filing the Rule 59 Motion one day late. Following a hearing on the matter, the trial court denied Appellants’ Rule 60.02 Motion, determining that the circumstances did not constitute excusable neglect. Upon review of the parties’ briefs and record on appeal, we affirm the judgment of the trial court.