Lee v. Martin

I concur in Part I of the opinion, but dissent as to Part II. While I recognize that default judgments are not favored,Howell v. D.H. Holmes, Ltd., 420 So.2d 26 (Ala. 1982), they are authorized by our Rules of Civil Procedure, and I am of the opinion that the trial judge did not abuse his discretion in refusing to set aside the one he entered in this case.

Lee contends that his failure to answer the complaint should be considered "excusable neglect" under Rule 60(b)(1), Ala.R.Civ.P. To support this assertion, Moody, the insurance adjuster, submitted an affidavit stating that the summons and…