“The purpose of a Tenn. R. Civ. P. 59.04 motion to alter or amend a judgment is to provide the trial court with an opportunity to correct errors before the judgment becomes final, as well as after the entry of a final judgment during the 30 day period before the final judgment becomes consummate.” (See In re Estate of Vaughn, No. W2018-01600-COA-R3-CV, at *5 (Tenn. Ct. App. Aug. 14, 2019).)
“Rule 59(e) states that motions to reconsider should only be granted if there is a showing of a manifest error of law or fact or if new evidence not previously discoverable is presented in support of the motion.” (See Isbell v. Travis Electric Co., No. M1999-00052-COA-R3-CV, at *1 n.4 (Tenn. Ct. App. Dec. 13, 2000); Russel v. Delco Remy Div. of General Motors Corp. (1995) 51 F.3d 746, 749.)
“However, some courts have held that, when a motion for leave to amend a complaint is presented in conjunction with a Rule 59(e) motion, the more liberal standards of Rule 15(a) should govern.” (See Isbell v. Travis Electric Co., No. M1999-00052-COA-R3-CV, at *1 n.4 (Tenn. Ct. App. Dec. 13, 2000); Dussouy v. Gulf Coast Inv.Corp. (1981) 660 F.2d 594; Adams v. Gould (1984) 739 F.2d 858, 864.)
“These courts interpret the Supreme Court's opinion in Foman v. Davis, 371 U.S. 178, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962), to allow amendment of a complaint where justice so requires, even if this amendment is technically sought post-judgment by way of a Rule 59(e) motion.” (See id.)
Rule 59.04 of the Tennessee Rules of Civil Procedure governs motions to alter or amend judgements.
“A motion to alter or amend a judgment shall be filed and served within thirty (30) days after the entry of the judgment.” (See Tenn. R. Civ. P. 59.04.)
Section 4-5-317 of the Tennessee Code governs reconsideration.
“A party, within fifteen (15) days after entry of an initial or final order, may file a petition for reconsideration, stating the specific grounds upon which relief is requested. A petition for reconsideration of a final order that has become a final order by operation of law when no party timely filed a petition for reconsideration of an initial order or when the petition for reconsideration of an initial order was denied is not permitted. The filing of a petition for reconsideration is not a prerequisite for seeking administrative or judicial review.” (See Tenn. Code § 4-5-317(a).)
“The petition shall be disposed of by the same person or persons who rendered the initial or final order, if available.” (See Tenn. Code § 4-5-317(b).)
“The person or persons who rendered the initial or final order that is the subject of the petition, shall, within twenty (20) days of receiving the petition, enter a written order either denying the petition, granting the petition and setting the matter for further proceedings; or granting the petition and issuing a new order, initial or final, in accordance with § 4-5-314. If no action has been taken on the petition within twenty (20) days, the petition shall be deemed to have been denied.” (See Tenn. Code § 4-5-317(c).)
“An order granting the petition and setting the matter for further proceedings shall state the extent and scope of the proceedings, which shall be limited to argument upon the existing record, and no new evidence shall be introduced unless the party proposing such evidence shows good cause for such party's failure to introduce the evidence in the original proceeding.” (See Tenn. Code § 4-5-317(d).)
“The sixty-day period for a party to file a petition for review of a final order shall be tolled by granting the petition and setting the matter for further proceedings, and a new sixty-day period shall start to run upon disposition of the petition for reconsideration by issuance of a final order by the agency.” (See Tenn. Code § 4-5-317(e).)
“This court reviews a trial court's decision to grant or deny a motion to alter or amend a judgment under an abuse of discretion standard.” (See Christopher v. E. Tenn. Spine & Orthopaedic Specialists, P.C., No. E2014-02552-COA-R3-CV, at *6 (Tenn. Ct. App. Aug. 25, 2015); Stovall v. Clarke (2003) 113 S.W.3d 715, 721.)
"A trial court abuses its discretion only when it applie[s] an incorrect legal standard or reache[s] a decision which is against logic or reasoning that cause[s] an injustice to the party complaining.” (See id; Eldridge v. Eldridge (2001) 42 S.W.3d 82, 85; State v. Shirley (1999) 6 S.W.3d 243, 247.)
“If a discretionary decision is within a range of acceptable alternatives, we will not substitute our judgment for that of the trial court simply because we may have chosen a different alternative.” (See Christopher v. E. Tenn. Spine & Orthopaedic Specialists, P.C., No. E2014-02552-COA-R3-CV, at *6 (Tenn. Ct. App. Aug. 25, 2015); White v. Vanderbilt Univ. (1999) 21 S.W.3d 215, 223.)
“The trial court's denial of a motion to reconsider is also reviewed for an abuse of discretion.” (See Mitchell v. Mitchell, No. E2002-03030-COA-R3-CV, 2003 WL 22469809, *3-*4 (Tenn.Ct.App. Oct.31, 2003); Keisling v. Keisling (2006) 196 S.W.3d 703, 726.)
It is well settled that “a motion to alter or amend should be granted when the controlling law changes before the judgment becomes final; when previously unavailable evidence becomes available; or to correct a clear error of law or to prevent injustice." (See Johnson ex rel. Johnson v. UHS of Lakeside, LLC, No. W2015-01022-COA-R3-CV, at *11 (Tenn. Ct. App. Dec. 23, 2015); In re M.L.D. (2005) 182 S.W.3d 890, 895.)
It is also well settled that “a Rule 59 motion should not be used to raise or present new, previously untried or unasserted theories or legal arguments." (See In re Estate of Huber, No. W2010-00819-COA-R3-CV, at *42 (Tenn. Ct. App. May 31, 2011); In re M.L.D. (2005) 182 S.W.3d 890, 895; In re Estate of Huber, No. W2010-00819-COA-R3-CV, at *42 (Tenn. Ct. App. May 31, 2011).)
Current as of March 01, 2024 | Updated by Trellis Law Content Team
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and is subject to change without notice.
Apr 24, 2024
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Mar 05, 2024
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Feb 15, 2024
INITIATE - INITIAL FILING
Shelby County
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JR - Pet/Judicial Review
Feb 01, 2024
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Jan 31, 2024
INITIAL - Initial case filing
Shelby County
Shelby County, TN
DJ - Comp/Declaratory Judgment
Jan 26, 2024
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Shelby County
Shelby County, TN
AB - Arbitration
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Jan 12, 2024
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Jan 10, 2024
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Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Dec 22, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
DC - Divorces with Children
Family
Divorce,Separation
Dec 15, 2023
Closed
Shelby County
Shelby County, TN
SS - STRUCTURED SETTLEMENT
Dec 14, 2023
INITIAL - Initial case filing
Shelby County
Shelby County, TN
AB - Arbitration
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Shelby County
Shelby County, TN
SS - STRUCTURED SETTLEMENT
Dec 06, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Dec 06, 2023
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Shelby County
Shelby County, TN
TT - TORT
Dec 04, 2023
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Shelby County
Shelby County, TN
PI - PERSONAL INJURY
Torts
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Dec 01, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
TT - TORT
Nov 30, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Nov 28, 2023
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
TT - TORT
Nov 14, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Nov 07, 2023
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
Nov 02, 2023
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Shelby County
Shelby County, TN
DC - Divorces with Children
Family
Divorce,Separation
Nov 02, 2023
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Shelby County
Shelby County, TN
MP - HEALTHCARE LIABILITY
Nov 01, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
DC - Divorces with Children
Family
Divorce,Separation
Nov 01, 2023
INITIAL - Initial case filing
Shelby County
Shelby County, TN
I - Interpleader
Oct 31, 2023
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Shelby County
Shelby County, TN
PI - PERSONAL INJURY
Torts
Personal Injury
Oct 27, 2023
INITIAL - Initial case filing
Shelby County
Shelby County, TN
DV - Divorce
Family
Divorce,Separation
Oct 26, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
PI - PERSONAL INJURY
Torts
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Oct 24, 2023
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Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
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Oct 18, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Oct 12, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
TT - TORT
Oct 11, 2023
INITIAL - Initial case filing
Shelby County
Shelby County, TN
DV - Divorce
Family
Divorce,Separation
Oct 10, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Oct 04, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Sep 30, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
PI - PERSONAL INJURY
Torts
Personal Injury
Sep 29, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
PI - PERSONAL INJURY
Torts
Personal Injury
Sep 28, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Sep 27, 2023
BONDS - Bonds
Shelby County
Shelby County, TN
QT - Pet/Quiet Title/Remove Cloud
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Sep 27, 2023
INITIAL - Initial case filing
Shelby County
Shelby County, TN
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Commercial
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Sep 26, 2023
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Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
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Shelby County
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BC - Breach of Contract
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INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
PI - PERSONAL INJURY
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INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
MC - MISCELLANEOUS
Sep 13, 2023
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Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Sep 12, 2023
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Shelby County
Shelby County, TN
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Commercial
Breach of Contract
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Shelby County
Shelby County, TN
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Shelby County
Shelby County, TN
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Shelby County
Shelby County, TN
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Closed
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Shelby County, TN
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Aug 28, 2023
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Shelby County, TN
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Aug 25, 2023
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Shelby County
Shelby County, TN
I - Interpleader
Aug 25, 2023
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Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Aug 25, 2023
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Shelby County, TN
TT - TORT
Aug 22, 2023
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Shelby County
Shelby County, TN
Aug 22, 2023
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Shelby County
Shelby County, TN
DJ - Comp/Declaratory Judgment
Aug 18, 2023
Closed
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Aug 17, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Aug 17, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Aug 15, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Aug 08, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Aug 04, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Aug 03, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
DC - Divorces with Children
Family
Divorce,Separation
Aug 03, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
PI - PERSONAL INJURY
Torts
Personal Injury
Aug 02, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Jul 28, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Jul 28, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Jul 28, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Jul 27, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
IR - Pet/Injunctive Relief
Jul 26, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Jul 26, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
DJ - Comp/Declaratory Judgment
Jul 25, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
DJ - Comp/Declaratory Judgment
Jul 24, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
FJ - PET TO ENFORCE FOR JDGMNT
Jul 19, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Jul 18, 2023
Appealed
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Jul 17, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Jul 14, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Jul 13, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
PI - PERSONAL INJURY
Torts
Personal Injury
Jul 12, 2023
CBSATISFY - COST BILL SATISFIED
Shelby County
Shelby County, TN
SS - STRUCTURED SETTLEMENT
Jul 12, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Jun 30, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
TT - TORT
Jun 28, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Jun 21, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Jun 20, 2023
Dismissal
Shelby County
Shelby County, TN
Jun 20, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Jun 16, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Jun 16, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Jun 14, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Jun 12, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Jun 12, 2023
Dismissal
Shelby County
Shelby County, TN
Jun 09, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
TT - TORT
Jun 09, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Jun 07, 2023
Dismissal
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Jun 07, 2023
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Jun 06, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
BC - Breach of Contract
Commercial
Breach of Contract
Jun 06, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
RF - Real Estate Matter
Probate
Estate Administration
Jun 05, 2023
CBSATISFY - COST BILL SATISFIED
Shelby County
Shelby County, TN
SS - STRUCTURED SETTLEMENT
May 31, 2023
Dismissal
Shelby County
Shelby County, TN
PI - PERSONAL INJURY
Torts
Personal Injury
May 31, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
TT - TORT
May 26, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
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