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DEFAULT JUDGMENT - WILSON V. AVANT

Wilson v. Avant, [Ms. 2150847, Jan. 13, 2017] __ So. 3d __ (Ala. Civ. App. 2017). The Court of Civil Appeals in a per curiam opinion unanimously reverses the Autauga Circuit Court’s decision not to set aside a default judgment where the evidence established that the defaulting party filed a responsive pleading on the day before the scheduled hearing when the default judgment was entered. Citing TA Financial, Inc. v. Discover Bank, 967 So. 2d 90 (Ala. 2007) and Winford v. Winford, 139 So. 3d 179 (Ala. Civ. App. 2013), the court concludes the Autauga Circuit Court erred in entering the default judgment after a responsive pleading had been filed.

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