Legal Opinion

Powell v. Central Bank of the South

Supreme Court of Alabama

Decided May 29, 1987No. 85-1445PublishedCited by 10 opinions

1Opinion of the Court

This is an appeal from an order denying a Rule 60(b)(4), Ala.R.Civ.P., motion to set aside a default judgment entered in favor of the plaintiff, Central Bank of the South, against the defendants, Dudley and Diane Powell. We affirm.

In April 1985, Central Bank of the South (hereinafter "Central Bank") filed suit in Madison County against the Powells on a promissory note that had been executed by the Powells in Huntsville, Alabama. After process by certified mail at an address in Miami Lakes, Florida, was returned unclaimed, Central Bank obtained an order, pursuant to Rule 4.2(b)(2),…

2Cases cited4 opinions

  1. Slomowitz v. WalkerDistrict Court of Appeal of Florida · 1983
  2. Guthrie v. RaySupreme Court of North Carolina · 1977
  3. Nolan v. NolanCourt of Civil Appeals of Alabama · 1982
  4. Tiedemann v. DEPT. OF MANAGEMENT SERVICESDistrict Court of Appeal of Florida · 2003

3Cited by10 opinions

  1. Ex Parte American Resources Ins. Co., Inc.Supreme Court of Alabama · 1995
  2. Insurance Mgt. & Admin. v. Palomar Ins.Supreme Court of Alabama · 1991
  3. Kingvision Pay-Per-View, Ltd. v. AyersSupreme Court of Alabama · 2003
  4. Image Auto, Inc. v. Mike Kelley Enterprises, Inc.Supreme Court of Alabama · 2001
  5. Duncan v. S.N.Supreme Court of Alabama · 2005

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