Foote v. Shea et al

Filing 45

ORDER GRANTING 44 MOTION TO RENEW JUDGMENT. Signed by Chief Judge S. Thomas Anderson on 7/13/2021. (mbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
HUGER FOOTE,
Plaintiff,
v.
JOHN J. SHEA, III and
AVERY SHEA HUFFMAN,
Defendants.

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No. 2:10-cv-02704-STA-tmp

ORDER GRANTING MOTION TO RENEW JUDGMENT

Plaintiff Huger Foote (“Foote”) has moved the Court to enter an Order renewing and
extending the Final Judgment entered by this Court on August 17, 2011, against John J. Shea III
in the original amount of three hundred thirty-one thousand five hundred two dollars and forty
cents ($331,502.40). (ECF No. 44.)
Because there is no specific federal statute of limitations on how long judgments are
effective, the Court must look to Tennessee law. See, e.g., Lillie v. Hunt, Adv. Proc. No. 92-1060
(Bankr. W.D. TN May 3, 2005), citing Szybist v. Aircraft Acquisition Corp. (Taylorcraft Aviation
Corp.), 163 B.R. 734, 738 (Bankr. M.D. Penn. 1963). Tennessee law prescribes that “actions on
judgments and decrees of courts of record of this or any other state or government” must be
commenced within ten years after the cause of action accrued. Tenn. Code Ann. § 28-3-110(2).
However, that ten-year limitation period may be extended under applicable Tennessee procedure.

Federal Rule of Civil Procedure 69(a)(1) provides that where there is no governing federal
statute, “the procedure on execution – and in proceedings supplementary to and in aid of judgment
or execution – must accord with the procedure of the state where the court is located.
Tenn. R. Civ. P. 69.04 provides in pertinent part:
69.04. Extension of Time. Within ten years from the entry of a judgment, the creditor
whose judgment remains unsatisfied may file a motion to extend the judgment for another
ten years. A copy of the motion shall be mailed by the judgment creditor to the last known
address of the judgment debtor. If no response is filed by the judgment debtor within thirty
days of the date the motion is filed with the clerk of court, the motion shall be granted
without further notice or hearing, and an order extending the judgment shall be entered by
the court.
Foote’s motion recites that contemporaneously with the filing of his Motion, a copy was
mailed to the Administratrix of John J. Shea III’s Estate and to counsel for his Estate. No response
objecting to the renewal of the judgment has been filed.
IT IS THEREFORE ORDERED that the Final Judgment entered by this Court on August
17, 2011, against John J. Shea III in the original amount of three hundred thirty-one thousand five
hundred two dollars and forty cents ($331,502.40) is renewed for an additional ten (10) years.
Renewal of the judgment does not require the Court to determine the amount owed at this time,
whether by accrual of post-judgment interest or by payments in partial satisfaction of the judgment.
IT IS SO ORDERED.
s/ S. Thomas Anderson
S. THOMAS ANDERSON
CHIEF UNITED STATES DISTRICT JUDGE
Date: July 13, 2021

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