Terry v. Frisbee

Frisbee sued Terry on a check. The District Court of Jefferson County entered a default judgment in favor of Frisbee. Some five months after the entry of judgment Terry filed a rule 60 (b), ARCP, motion to set aside the default judgment. The district court, after a hearing, denied the rule 60 (b) motion. Terry then appealed directly to this court

Frisbee filed a motion to dismiss the appeal, contending that Terry's appeal from the district court's denial of the rule 60 (b) motion does not lie in this court. We agree and find that this appeal is due to be dismissed

Section 12-12-71, Code of Ala.…