Owens v. Owens

YATES, Judge.

Gail Marie Owens (mother) appeals from the trial court’s denial of her motion to set aside a default judgment. Based on applicable case law and Rule 55(c), Alabama Rules of CM Procedure, we reverse the trial court’s judgment.

The parties were divorced in August 1989, after entering into a separation agreement wherein the mother was awarded custody of the parties’ two minor children and the father was awarded reasonable visitation. On April 17,1992, the father filed a “Petition for Modification of Custody,” which was served upon the mother on May 13, 1992. The mother failed to…