Comalander v. Spottswood

Robert Comalander, Jr., appeals from the trial court's denial of his postjudgment motion made pursuant to Rule 59 and Rule 60, Ala.R.Civ.P. We reverse the judgment of the trial court and remand the case to that court with directions.

Comalander contracted with George and Amy Spottswood ("the Spottswoods") to build a house for the Spottswoods. After the house was built, Comalander sued the Spottswoods, alleging breach of contract and seeking to enforce a materialman's lien in the amount of unpaid invoices for the construction of the house. The Spottswoods counterclaimed, alleging negligence,…