IN THE COURT OF APPEALS OF TENNESSEE MIDDLE SECTION AT NASHVILLE

PAUL KEVIN NELSON, ) ) Plaintiff/Appellee, ) ) Davidson Circuit ) No. 96C-1861 VS. ) ) Appeal No. ) 01A01-9703-CV-00137 THE APPLICATION GROUP, INC., ) ) Defendant/Appellant. )

CONCURRING OPINION

I concur with the court’s conclusion that The Application Group, Inc. is entitled to Tenn. R. Civ. P. 60.02(1) relief under the facts of this case. However, I have prepared this separate opinion to state that I do not concur with the court’s sweeping conclusion that “Rule 60.02(1) relief should be granted when the lawyer realizes his [or her] oversight and takes steps to correct it.” I know of no precedent for the notion that efforts to correct an error, by themselves, are always enough to entitle a lawyer to post-judgment relief. They are only one of the many factors to consider when engaging in the fact-intensive analysis required by Tenn. R. Civ. P. 60.02(1).

_______________________________ WILLIAM C. KOCH, JR., JUDGE