State v. Lewis

THOMPSON, Judge.

On May 22, 2001, the State of Alabama (hereinafter “the State”) filed an action against Charles Lewis d/b/a Big Boys Automotive (hereinafter “Lewis”) seeking, pursuant to § 40-23-27, Ala.Code 1975, a preliminary injunction restraining Lewis from operating his business until he paid his delinquent Alabama’s sales-tax liability.1

On July 19, 2001, the trial court held a hearing in its chambers on the State’s complaint.2 At the time of that hearing, Lewis had not been served with a summons or with the State’s complaint in the action. However, the record indicates that Lewis was…