11576373
IN THE CHANCERY COURT FOR THE STATE OF TENNESSEE TWENTIETH JUDICIAL DISTRICT, DAVIDSON COUNTY
No, 25-0897-1
BOWLING FAMILY PROPERTIES, LLC,
Plaintiff,
v.
CALLIGAN PROPERTIES) and any UNKNOWN CLAIMANTS, of rights, title or interests in real estate that is Lot No. 1 of the Calligan Subdivision, which includes the Southerly 5 Feet of Lot No. 46 on Isaac
Paul's Elysian Grove Plan, Located at 1004
Third Avenue South (formerly College Street) in Nashville,
Defendants.
ORDER FOR SERVICE BY PUBLICATION
Plaintiff Bowling Family Properties, LLC's Motion for Service by Publication as to Defendants Calligan Properties, and any Unknown Claimants of rights, title or interests in real estate that is Lot No, 1 of the Calligan Subdivision, which includes the Southerly 5 Feet of Lot No. 46 on Isaac Paul's Elysian Grove Plan, located at 1004 Third Avenue South (formerly College Street) in Nashville, in lieu of personal service, pursuant to Rule 4.08 of the Tennessee Rules of Civil Procedure and Tenn. Code Ann. {21-1004 was noticed for hearing on the Court's motion docket for July 18, 2025, No response to the Motion was filed by Defendants Calligan Properties, and any Unknown Claimants, and no one appeared on behalf of Defendants at the motion hearing.
The Court finds, based on the Motion, the affidavit filed in support, and the file in this cause, that Plaintiff has demonstrated unsuccessful efforts to personally serve Defendants Unknown Claimants of rights, title or interests in real estate that is Lot No, I of the Calligan Subdivision, which includes the Southerly 5 Feet of Lot No, 46 on Isaac Paul's Elysian Grove Plan, located at 1004 Third Avenue South (formerly College Street) in Nashville, that Defendants Unknown Claimants current whereabouts are unknown, and that service by publication is appropriate under Tenn. Code Ann, Plaintiff seeks to quiet title to real property located at 1004 Third Avenue South, Nashville, Davidson County, Tennessee 37210 (the "Property"), more fully described in the verified complaint and the warranty deed marked as Exhibit A, of record at the Davidson County Register of Deeds, Book 5893, Page 405,
The Court further finds that Plaintiff has not demonstrated diligent efforts to personally serve Defendant Calligan Properties through its last known partners, identified as Kathleen R. Calligan and Richard C. Calligan, and service by publication is not warranted at this time.
It is, accordingly, ORDERED that Plaintiffs Motion for Service by Publication is hereby GRANTED, in partt, as to Defendants Unknown Claimants of rights, title pr interests in real estate that is Lot No, I of the Calligan Subdivision, which includes the Southerly 5 Feet of Lot No, 46 on Isaac Paul's Elysian Grove Plan, located at 1 004 Third Avenue South (formerly College Street) in Nashville, in lieu of personal service, under Tenn. Code Ann, 2 1 - l -204,
rt is, accordingly, ORDERED that Plaintiff's Motion for Service by Publication, is hereby DENIED, in part, as to Defendant Calligan Properties, through its last known partners,
It is FURTHER ORDERED that:
A. The Clerk & Master of this Court shall cause a copy of this Order to be published for four (4) consecutive weeks in The Tennessean, which is a newspaper of general circulation in Davidson County, Tennessee;
B. The copy of this Order to be published shall include the names of the parties and the name of the Court as Davidson County Chancery Court, Part Metropolitan Courthouse, One Public Square, Suite 402, 4th Floor, Nashville, Tennessee 37201 ;
C. The copy of this Order to be published shall further notify Defendants Unknown Claimants of rights, title or interests in real estate that is Lot No. 1 of the Calligan Subdivision, which includes the Southerly 5 Feet of Lot No, 46 on Isaac Paul's Elysian Grove Plan, located at 1004 Third Avenue South (formerly College Street) in Nashville, that Defendants must answer or otherwise respond to the Petition filed in this case within thirty (30) days following the date of the last publication of this Order and, if Defendants Unknown Claimants of rights, title or interests in real estate that is Lot No.1 of the Calligan Subdivision, which includes the Southerly 5 Feet of Lot No. 46 on Isaac Paul's Elysian Grove Plan, located at 1004 Third A venue South (formerly College Street) in Nashville do not answer or otherwise respond by making an appropriate filing in the Clerk & Master's Office, Metropolitan Courthouse, One Public Suite 308, Nashville, TN 37201, within the time allowed by law, a default judgment may be entered against Defendants;
D. Plaintiff shall also post on the Property notice of this case and the substance of item C, above, to provide further notice to any unknown Defendant or claimant; and
E. Plaintiff shall have summonses issued and attempt service of process on Defendant Calligan Properties through its last known partners, even though they may reside outside Tennessee.
PATRICIA HEAD MOSKAL
CHANCELLOR, PART 1
Jack W. Robinson, Jr.
Andrew J. Bellm
Gullet Sanford Robinson & Martin, PLLC
150 Third Avenue South, Suite 1700
Nashville, TN 37201
Attorneys for Plaintiff
Publish: 8/22, 8/29, 9/5, 9/12, 2025