Davis v. ITT Financial Services

RUSSELL, Judge.

This is an appeal from the circuit court’s denial of a motion for relief pursuant to Rule 60(b), Alabama Rules of Civil Procedure.

In September 1990 ITT Financial Services (ITT) filed suit against Alton R. Davis in the District Court of Cherokee County, alleging breach of a promissory note made between the parties in June 1989. On January 18,1991, following an oral proceeding, the district court issued a judgment in favor of ITT for $3,530.23, plus costs of court.

On January 28, 1991, Davis filed a notice of appeal to the circuit court for a trial by jury. When Davis filed the…