Lovell v. Costigan

THOMPSON, Presiding Judge.

Larry Lovell appeals from a judgment of the Baldwin .Circuit Court (“the. trial court”) denying his motion, filed pursuant to Rule 60(b)(4), Ala. R. Civ. P., to set aside the trial court’s default judgment entered against him.

On August 16,2005, Allan Costigan filed in the trial court a complaint alleging that Lovell had borrowed $18,000 from him and that Lovell had failed to make payments on that loan. Costigan’s attorney attempted to serve Lovell with process via certified mail. However, that attempted service was returned with the notation “FORWARDING ORDER…