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HOLDER v. DRAKE

908 S.W.2d 393 (1995)

Eva Jean HOLDER, individually and as next friend and guardian of Jordan Carter, a minor, Plaintiff/Appellant, v. T.L. DRAKE, d/b/a Jernigan Motors and Loal J. Carr, Defendants/Appellees.

Supreme Court of Tennessee, at Nashville.

September 25, 1995.

Attorney(s) appearing for the Case

Robert L. Huskey, Manchester, for Plaintiff-Appellant.

J. Stanley Rogers, Charlotte V. Broyles, Rogers, Richardson & Duncan, Manchester, for Defendants-Appellees.

OPINION

ANDERSON, Chief Justice.

The issue presented in this appeal is whether after a defendant has been adjudged in default the Tennessee Rules of Civil Procedure require service on a defendant of a motion to amend a complaint which increases the amount of damages sought. Based on the language of the Rules and the policy considerations of notice and fairness which the Rules were designed to advance, we conclude that service is required. Accordingly...

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