Dial v. State

This is an appeal from the Circuit Court of Sumter County's action denying the appellant's Rule 60 (b) ARCP motion.

The appellant, by the Rule 60 (b) motion, sought relief from a default judgment. The default judgment was taken in a condemnation proceeding wherein a truck was forfeited to the State of Alabama. As indicated, the learned trial judge denied the Rule 60 (b) motion and we reverse.

From the record before this court, it appears the owner of the truck faced several criminal charges related to alleged drug offenses as well as the condemnation actions. He had been convicted of one such…