Legal Opinion
Bennett v. MORTGAGE ELECTRONIC REGIST. SYS., INC.
Court of Civil Appeals of Alabama
Decided April 13, 2007No. 2060121PublishedCited by 1 opinion
1Opinion of the Court
The defendant below, Clifford Bennett, appeals from the circuit court's denial of his motion to set aside a default judgment entered against him. Because Bennett has not shown a valid meritorious defense, because he has not shown that the plaintiff will not be prejudiced if his motion were granted, and because he has not shown that the default was not a result of his own culpable conduct, we conclude that he failed to show that the trial court exceeded its discretion in denying the motion to set aside the default judgment.
The facts of this case are undisputed. On April 26, 2006, Mortgage…
2Cases cited15 opinions
- Kirtland v. Fort Morgan Auth. Sewer Serv., Inc.Supreme Court of Alabama · 1988
- American Cyanamid Company v. Robert A. McGheeCourt of Appeals for the Fifth Circuit · 1963
- Ex Parte Family Dollar Stores of Alabama, Inc.Supreme Court of Alabama · 2005
- Phillips v. RandolphSupreme Court of Alabama · 2002
- Zeller v. BaileySupreme Court of Alabama · 2006
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3Cited by1 opinion
- Camping World, Inc. v. McCurdyCourt of Civil Appeals of Alabama · 2012