IN THE COURT OF APPEALS OF TENNESSEE
MIDDLE SECTION AT NASHVILLE
PAUL KEVIN NELSON, )
)
Plaintiff/Appellee, )
) Davidson Circuit
) No. 96C-1861
VS. )
) Appeal No.
) 01A01-9703-CV-00137
THE APPLICATION GROUP, INC., )
)
Defendant/Appellant. )
CONCURRING OPINION
I concur with the court’s conclusion that The Application Group, Inc. is
entitled to Tenn. R. Civ. P. 60.02(1) relief under the facts of this case. However, I
have prepared this separate opinion to state that I do not concur with the court’s
sweeping conclusion that “Rule 60.02(1) relief should be granted when the lawyer
realizes his [or her] oversight and takes steps to correct it.” I know of no precedent
for the notion that efforts to correct an error, by themselves, are always enough to
entitle a lawyer to post-judgment relief. They are only one of the many factors to
consider when engaging in the fact-intensive analysis required by Tenn. R. Civ. P.
60.02(1).
_______________________________
WILLIAM C. KOCH, JR., JUDGE