McBrayer v. Hokes Bluff Auto Parts
Court of Civil Appeals of Alabama
1Opinion of the Court
Charles McBrayer appeals from the denial of his Rule 60(b)(4), Ala.R.Civ.P., post-judgment motion seeking to set aside a default judgment.
In 1984, McBrayer purchased an automobile from Hokes Bluff Auto Parts ("Hokes Bluff") for $6,000. According to McBrayer's affidavit testimony, shortly before the purchase, he drove the automobile to Southtrust Bank to get a loan for the purchase price. Before McBrayer drove the car to the bank, he signed a form "so [the salesman] would know he would bring the car back." McBrayer did not receive a copy of this form. McBrayer then borrowed $6,000 from…
Also in this document: Concurrence.
2Cases cited40 opinions
- Hertz Corp. v. Alamo Rent-A-Car, Inc.Court of Appeals for the Eleventh Circuit · 1994
- Assured Inv'rs Life Ins. Co. v. Nat. U. Assoc.Supreme Court of Alabama · 1978
- Smith v. ClarkSupreme Court of Alabama · 1985
- City of Birmingham v. City of FairfieldSupreme Court of Alabama · 1981
- Sweeney v. TritschSupreme Court of Alabama · 1907
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- Wilson v. FIRST UNION NAT. BANK OF GEORGIACourt of Civil Appeals of Alabama · 1998
- C.L.C. v. D.W.R.Supreme Court of Alabama · 2004
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