McDermott v. Tabb

STUART, Justice.

Scott McDermott appeals an order of the Madison Circuit Court denying his motion made pursuant to Rule 60(b)(4), Aa. R. Civ. P., to set aside the default judgment entered in favor of Gary Tabb in Tabb’s breach-of-contract action against McDermott. We reverse and remand.

I

On April 24, 2007, Tabb instituted an action in the Madison Circuit Court against “Scott McDermott d/b/a Coldwell Banker Premier,” alleging, essentially, that McDermott had breached a real-estate contract he had entered into with Tabb to purchase a house Tabb owned in Madison. The action listed the following…