(251) 299-0101

Motion to Set Aside Default Judgment - Failure to Submit Supporting Evidence

Ex parte Alvin and Diane Bhones, [Ms. 1171171, Mar. 1, 2019] __ So. 3d __ (Ala. 2019). This decision (Wise, J.; Parker, C.J., Shaw, Bryan, Sellers, Mendheim, and Mitchell, JJ., concur; Bolin, J., concurs in the result; and Stewart, J., dissents) issues a writ of mandamus to the Limestone Circuit Court directing the court to vacate its order setting aside a default judgment. The Court held that “[b]ecause the Defendants did not present evidence to support their allegations that they had a meritorious defense and that the Bhoneses would not be unduly prejudiced if the default judgment was set aside, they failed to satisfy their initial burden of alleging and demonstrating the existence of all the Kirtland factors. Therefore, we conclude that the Defendants were not entitled to have the default judgment set aside and the trial court exceeded its discretion in setting aside the default judgment.” Ms. *15.

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