Alfred Campbell and Wife Minnie Frances

BROCK, Justice. OPINION These consolidated causes are actions for alleged damages to the plaintiffs' property caused by the wrongful diversion of surface waters by the defendants. The trial court awarded damages of $6,000.00 in one case and $4,000.00 in the other in favor of the plaintiffs and against the defendants who appealed. The issues presented are (1) whether or not the trial court erred in refusing to grant the motions filed by defendants to set aside the judgments pursuant to the provisions of Rule 60.02 of the Tennessee Rules of Civil Procedure and (2) whether or not the judgments were default judgments within the meaning of Rule 55.01, Tennessee Rules of Civil Procedure, and were invalidity entered because of failure to give five days notice to the defendant as provided in that Rule. The defendants employed attorney Alfred Taylor of Milligan College, Tennessee, to represent them in these actions, and, answers were filed to the complaints of the plaintiffs. Thereafter, the cases were set for trial in October, 1974, but the trial was continued because of the illness of petitioners' counsel. The cases were then reset for hearing on January 28, 1975, but agian were continued because of the illness of the circuit Judge. Thereafter, in mid-February, 1975, the trial court reset the cases for trial on March 11, 1975, and the clerk prepared a notice of this trial date which was forwarded to attorney Taylor in mid-February, 1975. Although attorney Taylor does not deny that this notice was sent and received by his office, he does deny that he was aware of the trial date until after the trial had actually begun on March 11, 1975, when he received a telephone call from another attorney, Mr. Nelson, that the case was actually being tried. The defendants, Mr. and Mrs. Campbell, had no actual notice or knowledge that the case was to be tried on March 11, 1975, until mid-morning on that date when the trial had already begun.