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IN THE COURT OF APPEALS OF TENNESSEE
AT NASHVILLE
March 21, 2002  Session

COLUMBIA ADVERTISING AGENCY v. RALPH ISENHOUR, ET AL.
Appeal from the Chancery Court for Davidson County
No. 99-2967II Carol McCoy, Chancellor

No. M2001-01627-COA-R3-CV - Filed June 5, 2002
In this suit to collect payments for advertising services allegedly rendered to defendant pursuant to an oral agreement, the plaintiff failed to file an order setting the case for trial within the time period allowed by an agreed scheduling order.  Shortly thereafter, the trial court dismissed the case for failure to prosecute.  The plaintiff filed a Tennessee Rule of Civil Procedure 60 motion seeking relief from the order of dismissal on the grounds that by mistake, counsel had failed to calendar the scheduling deadlines. The trial court found that plaintiff failed to offer an adequate basis to grant relief from the order of dismissal under Rule 60 and denied the motion.  For the reasons set out in this opinion, we reverse the decision of the trial court and remand this case for a trial on the merits.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Reversed and
Remanded

JAMES L. WEATHERFORD, SR., J., delivered the opinion of the court, in which BEN H. CANTRELL, P.J., M.S., and PATRICIA J. COTTRELL, J., joined.
Paul W. Duty and John H. Lowe, Goodlettsville, Tennessee, for the appellant, Columbia Advertising Agency.
Lawrence H. Hart, Nashville, Tennessee, for the appellee, Ralph Isenhour, individually and D/B/A Isenhour and Associates.

OPINION
On October 15, 1999, the plaintiff, Columbia Advertising Agency, filed its complaint seeking to collect $22,100.63 as payment for advertising services allegedly rendered to the defendant pursuant to a verbal agreement between the parties.  
On July 26, 2000, the defendant filed a motion to dismiss and for summary judgment pursuant to Tennessee Rules Civil Procedure

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