Cornelius v. Browning

I concur in the result.

Although I agree with the majority opinion that the default judgment must be reversed, I reach that conclusion on different grounds. In resolving a motion for a default judgment, a trial court must consider the three factors set forth in Kirtland v. Fort Morgan Authority Sewer Service, Inc., 524 So.2d 600, 605 (Ala.1988): “1) whether the defendant has a meritorious defense; 2) whether the plaintiff will be unfairly prejudiced if the default judgment is set aside; and 8) whether the default judgment was a result of the defendant’s own culpable conduct.” See Manci v.…