TRINA A. SCOTT
SHARFYNE L'NELL WHITE
Assigned on Briefs September 2, 2016
from the Circuit Court for Montgomery County No. 50300480
Ross H. Hicks, Judge
judgment creditor moved to extend her judgment for an
additional ten years under Tennessee Rule of Civil Procedure
69.04, and the trial court issued an order requiring the
judgment debtor to show cause why the judgment should not be
extended. Almost a year later, the judgment debtor filed a
motion for relief from the judgment based upon an error in
the certificate of service on the show cause order. In her
response, the judgment creditor acknowledged that the address
shown for the judgment debtor was incorrect but stated that,
after the order was returned by the post office, it was
mailed to the correct address. The judgment creditor also
asserted that the motion for relief was premature because the
court had not yet entered an order extending the judgment.
The trial court entered an order extending the judgment for
an additional ten years. We affirm.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Appellant, Sharfyne L'Nell White, pro se.
Christopher J. Pittman, Clarksville, Tennessee, for the
appellee, Trina A. Scott.
Neal McBrayer, J., delivered the opinion of the court, in
which John W. McClarty and Brandon O. Gibson, JJ., joined.
NEAL McBRAYER, JUDGE.
April 8, 2005, Trina Scott, as administrator of the estate of
David Scott, obtained a judgment in the Circuit Court for
Montgomery County, Tennessee, against Sharfyne L'Nell
White for the wrongful death of David Scott. Mrs. Scott filed
a motion to renew the judgment on September 9, 2014. Tenn. R.
Civ. P. 69.04 (2015) (revised 2016); see Tenn. Code
Ann. § 28-3-110(a)(2) (Supp. 2016) (providing ten-year
statute of limitations for actions on judgments). In her
motion, Mrs. Scott explained that the judgment remained
unsatisfied and requested that the court order Mr. White to
show cause why the judgment should not be extended for an
additional ten years. See Tenn. R. Civ. P. 69.04.
court issued the requested show cause order, which provided
that Mr. White had "thirty (30) days from the date of
mailing of this Order to show cause why the Judgment should
not be renewed pursuant to Tennessee law." But the
certificate of service on the show cause order contained an
error. Specifically, the address for Mr. White reflected the
city as Clinton, rather than Clifton, Tennessee.
post office returned the mailing addressed to Clinton. So, on
December 19, 2014, counsel for Mrs. Scott mailed the order to
Mr. White's correct address.
months later, Mr. White, acting pro se, filed a motion for
relief from the order renewing the judgment under Tennessee
Rule of Civil Procedure 60.02(2). As grounds, Mr. White
asserted that the certificate of service fraudulently
represented that the show cause order was mailed on September
19 when in fact the order had been mailed on December 19.
According to Mr. White, this delay prevented him from filing
a response. Mr. White asked the court to "rescind"
the order renewing the judgment and grant him additional time
to "show cause."
response, Mrs. Scott acknowledged the error in the
certificate of service but claimed that Mr. White was not
prejudiced because the court had not yet entered an order
renewing the judgment. Because more than thirty days had
elapsed since the date Mr. White acknowledged that the show
cause order had been mailed to the correct ...