Failing to Show Up for Trial is Grounds for Dismissal of Defense
After three prior appeals, the parties in Orlando Residence, Ltd. v. Nashville Lodging Co. were finally set to try their case before a jury. The only remaining issue? The defendants' statute of limitations defense, which the plaintiff was apparently ready to attack by challenging the defendants' credibility and conduct in litigation. The only problem? The defendants just didn't show up, unbeknownst to either the plaintiff or the trial court until the clerk called the case for trial. In response, the plaintiff moved for dismissal of the defendants' affirmative statute of limitations defense, and the trial court granted the motion. The Western Section Court of Appeals affirmed the trial court's decision.
This legal dispute has been ongoing since the plaintiffs first filed a federal lawsuit in 1986. The first Tennessee Court of Appeals decision in the case was in 1996, when the Court of Appeals reversed a judgment for the plaintiff and remanded for a new trial. The parties went through at least three companion cases in state and federal courts and three state court appeals. After twenty years of litigation, the defendants didn't show up for trial on their own affirmative defense. A not-so-subtle reminder to clients that, no matter how frustrating or drawn out they may find litigation, they cannot simply ignore or sidestep it.