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SERVICE OF PROCESS - ALLSOP V. BOLDING

In Allsop v. Bolding, [Ms. 1100432, Sept. 30, 2011] __ So. 3d __(Ala. 2011), the Supreme Court of Alabama held that a trial court did not err by denying Defendant Allsop's Rule 60(b)(4) motion for relief from a default judgment entered in favor of the plaintiffs. James and Kisha Bolding sued Allsop and others alleging various torts arising out of real estate transactions. A default judgment was entered against Allsop with leave for the Boldings to prove damages against him later. Subsequently, Allsop filed a Rule 60(b)(4) motion for relief from the default judgment alleging that he had not been properly served. The trial court denied Allsop's motion. On appeal, Allsop argued that the service of process was not sufficient because the complaint had been hand delivered to his girlfriend at her residence and that he resided in Georgia at the time the complaint was served. Under the facts of this case, the Court held that there was sufficient evidence that Allsop was present at his girlfriend's house at the time that she was served with the complaint, and that under Rule 4 service was proper. Therefore, the Court affirmed the trial court's denial of Allsop's Rule 60 motion.

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