MOHINDER N. SUD, v. MAN KENG HO, a/k/a SIMON HO, et al. (Tenn. Ct. App. March 30, 2012)
The Trial Court held Man Keng Ho liable for unpaid rents on commercial property that Ho had leased from his landlord. Ho claimed against Soon Lee Pang, appellant, on the grounds that Pang was the guarantor on the lease. At the subsequent trial between Ho and Pang, Ho acting as an interpreter for Pang, the Trial Court entered Judgment against Pang for the full amount of the Judgment against Ho as guarantor under the terms of the lease.
Pang then filed a Rule 60 Motion seeking relief from the Judgment, principally on the grounds that he was entitled to an interpreter and the Trial Court erred in utilizing his co-defendant, who had an interest in the case, as Pang's interpreter. The Trial Court overruled the Rule 60 Motion and Pang appealed to this Court.
We hold that the Trial Court abused its discretion in not complying with Rules 41 and 42 of the Supreme Court of Tennessee, and remand for a retrial on the merits.
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