Default Judgment - Denial by Operation of Law


Reliable Automotive Center v. Jackson, [Ms. 2170366, Aug. 24, 2018] __ So. 3d __ (Ala. Civ. App. 2018). This unanimous decision by Presiding Judge Thompson reverses the Madison Circuit Court’s denial by operation of law of the defendant’s motion to set aside a default judgment. The court concluded “that Reliable’s August 29, 2017, Rule 55(c) motion contains sufficient arguments and was supported by evidence sufficient to require the trial court’s consideration of the three Kirtland [v. Fort Morgan Authority Sewer Service, Inc., 524 So. 2d 600, 603 (Ala. 1988)] factors. Ms. *7. As a consequence, the circuit court erred in allowing the Rule 55(c) motion to be denied by operation of law. Ibid.

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