Legal Opinion

Lester v. Lester

Court of Civil Appeals of Alabama

Decided June 18, 1993No. AV92000332PublishedCited by 1 opinion

1Opinion of the Court

L. CHARLES WRIGHT, Retired Appellate Judge.

In September 1989 the Circuit Court of Coffee County entered a final judgment of divorce, awarding custody of the parties’ minor son to the husband. The judgment was entered by default following service by publication.

*664In May 1992 the wife filed a Rule 60(b), A.R.Civ.P., motion to have the 1989 judgment of divorce set aside. In her motion she alleged that the 1989 judgment was void for failure to secure service and for lack of personal jurisdiction. Following a hearing, the trial court denied the wife’s motion. The wife appeals.

The dispositive issue…

2Cases cited1 opinion

  1. Floyd v. FloydCourt of Civil Appeals of Alabama · 1987

3Cited by1 opinion

  1. Lester v. LesterCourt of Civil Appeals of Alabama · 1994

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