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IN THE COURT OF APPEALS OF TENNESSEE
AT KNOXVILLE
June 8, 2009 Session

GARY CURTIS WHITWORTH v. PATRICIA GAYLE WHITWORTH
Direct Appeal from the General Sessions Court for Loudon County
No. 7968 Hon. William H. Russell, Judge

No. E2008-01521-COA-R3-CV  - FILED AUGUST 17, 2009
In this divorce action, the defendant, following the entry of the Divorce Decree, filed a Motion to Set Aside the Marital Property Settlement on the grounds that she did not agree to the same, and further was denied due process because she had no notice of a hearing resulting in the Divorce Decree.  On appeal, we vacate and remand.

Tenn. R. App. P.3 Appeal as of Right; Judgment of the General Sessions Court Vacated and Remanded..
HERSCHEL PICKENS FRANKS, P.J., delivered the opinion of the Court, in which CHARLES D. SUSANO, JR., J., and D. MICHAEL SWINEY, J., joined.
Jason C. Rose, Maryville, Tennessee, for appellant, Patricia Gayle Whitworth.

OPINION
This divorce case has a long and tortured history. Defendant, Patricia Whitworth, appeals the Judgement of the General Sessions Court and her former husband, Gary Whitworth did not file a brief to this Court.
Gary Whitworth, filed a Complaint for a divorce against defendant on May 11, 2000.
There were no children of this short marriage, and the Complaint pled irreconcilable differences as grounds for divorce and asked for an equitable distribution of the parties' property and debts in the event the parties did not present a marital distribution agreement. On March 17, 2003, plaintiff filed a Motion for Default Judgment as defendant had not filed an answer to the Amended Complaint. On March 28, 2003, defendant filed an Answer to the Original and Amended Complaints admitting all allegations with the exception of abandonment. Ms. Whitworth admitted that

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Tennessee Law