Legal Opinion

Charles Townsend Ford, Inc. v. Edwards

Court of Civil Appeals of Alabama

Decided September 12, 1979No. Civ. 1702PublishedCited by 22 opinions

1Opinion of the Court

This is an appeal from a denial of a Rule 60 (b)(6) ARCP motion for relief from a default judgment.

The dispositive issue is whether the trial court abused its discretion in denying the defendant-appellant's motion. We find no such abuse as to require reversal and affirm.

A review of the record reveals the following:

On March 6, 1978, the plaintiff filed an action against the defendant for fraud and breach of contract. The defendant was personally served as provided by law. Upon receipt of the summons and complaint defendant contacted its insurance carrier regarding the litigation. Defendant…

2Cases cited5 opinions

  1. Transit Casualty Company, Etc. v. Security Trust Company, Etc.Court of Appeals for the Fifth Circuit · 1971
  2. Gulf Coast Building and Supply Company, Inc. v. International Brotherhood of Electrical Workers, Local No. 480, Afl-CioCourt of Appeals for the Fifth Circuit · 1972
  3. Pierson v. PiersonSupreme Court of Alabama · 1977
  4. Pace v. JordanCourt of Civil Appeals of Alabama · 1977
  5. Blackmon v. W.S. Badcock Corp., Inc.Court of Civil Appeals of Alabama · 1977

3Cited by22 opinions

  1. R.E. Grills, Inc. v. DavisonSupreme Court of Alabama · 1994
  2. Chambers County Com'rs v. WalkerSupreme Court of Alabama · 1984
  3. Ex Parte Wal-Mart Stores, Inc.Supreme Court of Alabama · 1998
  4. Howell v. D.H. Holmes, Ltd.Supreme Court of Alabama · 1982
  5. Fabarc Steel Supply, Inc. v. DavisCourt of Civil Appeals of Alabama · 1982

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