Legal Question in Constitutional Law in Tennessee
Void judgment
Would a conspiracy by the officers of the courts to deny a jury trial in a civil property matter make a summary judgment void?
Asked on 10/09/02, 11:17 am
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Void judgment
Any act which is the product of a proveable criminal conspiracy is voidable. While a Summary Judgment is designed to and does shortcut a jury trial, the mere fact of it being granted is certainly not evidence of a conspiracy of any kind by anyone. The typical remedy to contest the grant of an SJ.mo is an appeal when the Final Order is entered.
Answered on 10/09/02, 11:58 am
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