Orix Financial Services, Inc. v. Murphy

I concur in the main opinion. I write separately to comment briefly upon the standard of review and to explain my understanding of the Court’s holding today regarding service of process.

First, I agree with the proposition that appellate review in this case is de novo, as it typically is in appeals from the denial of a motion filed under Rule 60(b)(4), Ala. R. Civ. P. This case, like most such cases, does not involve factual findings by the trial court based on live testimony of witnesses that could implicate the ore tenus rule and thereby require some deference by this Court to the findings…