Brown v. Foster

Felicia Foster sued Jimmy Brown after they were involved in an automobile accident, which she alleged was caused by his negligence and/or wantonness. She sought compensatory damages and punitive damages. Brown failed to file an answer in response to her complaint, and Foster filed a motion for entry of default, pursuant to Rule 55(a), Ala.R.Civ.P. The trial court granted the motion. After a hearing to determine damages, the trial court entered a default judgment, pursuant to Rule 55(b) against Brown for over $65,000. More than 30 days after the entry of the default judgment, Brown filed a…