QUESTION

Can I file for an execution on a reinstated default judgment that the defendant has managed to get appealed to circuit court as a de Novo appeal

Asked on Jan 08th, 2018 on Breach of Contract - Tennessee
More details to this question:
My landlords detainer warrant against me was dismissed on May 30, 2017 at their cost due to breach of contract and violation of HUD policies and procedures. The general sessions judge ignored my sworn denial and my legal aid attorney failed to request any damage awards or a new lease agreement. I filed a summons with general sessions court on July 10, 2017 seeking those damage awards and compensation for a laptop that was stolen from my apartment while my landlord was doing repairs over the July 4th holiday when I was away on vacation. My landlord failed to answer to my complaint and failed to appear at the scheduled court date of August 11, 2017; as a result, I was awarded a default judgement for $24,999.99. My landlords request to have the judgement set aside was approved and the case was rescheduled for August 18, 2017. My landlords attorney failed to appear on this date and the default was reinstated. They appealed on August 25, 2017. Can I execute on the reinstated default?
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1 ANSWER

Following a court's final judgment, a prevailing party's right to execute on said judgment does not immediately accrue. Tenn. R. Civ. P. 62.01 requires that a party wait 30 days after the judgment is issued before execution on the judgment. Thus, unless the trial court grants a stay of execution during the appeal, then you can execute on the judgment.
Answered on Jan 09th, 2018 at 6:16 PM

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