Rule 60(b)(4) - Lack of Notice


Langley v. Farrar, [Ms. 2180058, June 28, 2019] __ So. 3d __ (Ala. Civ. App. 2019). This per curiam plurality opinion reverses the Marion Circuit Court’s denial of defendant’s Rule 60(b)(4) motion which sought relief from a default judgment. The summons for Langley included an incorrect address. When Langley answered the complaint, he provided his correct address. Ms. *2. Subsequently, the trial court clerk’s office continued to send notices to Langley to the incorrect address. Ms. *3. The trial court subsequently entered a judgment against Langley stating that the defendant had not appeared for trial. Ms. *4.

Applying a de novo standard to the Rule 60(b)(4) motion for relief from judgment, the plurality opinion holds that “a judgment entered without affording a party procedural due process is void.” Ms. *7. The opinion concludes that the judgment did not afford Langley procedural due process because it failed to notify him of the trial. Ms. *11.

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