Howell v. D.H. Holmes, Ltd.

Susan C. Howell and William L. Howell appeal from a summary judgment rendered against them. The Howells did not oppose the motion for summary judgment, because they wished to challenge an earlier order of the trial court. This earlier order set aside a default judgment which had been entered in the Howells' favor. Because we find that the trial court improperly granted relief from the default judgment, it follows that the case should not have proceeded to summary judgment; therefore, we reverse and remand.

On October 2, 1978, Susan Howell was shopping in the department store in Mobile operated…