Floyd v. Floyd

HOLMES, Judge.

This appeal arises from a motion filed by the husband to vacate a divorce decree entered against him by default.

In July 1984 the trial court entered a final judgment of divorce, granting custody of the parties’ minor child to the wife and ordering the husband to pay child support. The divorce decree was entered by default following service upon the husband by publication.

In December 1986 the husband filed what is essentially a motion pursuant to Rule 60(b), Alabama Rules of Civil Procedure, to vacate the 1984 divorce decree on the basis that in personam jurisdiction was lacking…