Miles v. McClung

385 So.2d 1326 (1980)

Fred R. MILES

v.

W. A. McCLUNG.

Civ. 2310.

Court of Civil Appeals of Alabama.

July 2, 1980.

Thomas O. Bear of Lyons, Pipes & Cook, Mobile, for appellant.

Samuel W. Inge of Inge, McMillan & Inge, Mobile, for appellee.

HOLMES, Judge.

A default judgment was entered against the defendant. Thereafter, the defendant filed a Rule 60(b), ARCP, motion for relief from the judgment. The trial court denied defendant's Rule 60(b) motion and defendant appeals. We reverse and remand.

The dispositive issue is whether the plaintiff's affidavit filed pursuant to Rule 4.3, ARCP, is sufficient. If the…