Aldridge v. Hamilton

The defendant, Fred Aldridge, appeals from the trial court's refusal to set aside a default judgment entered for the plaintiffs, Sidney Hamilton and his wife, Gloria Hamilton. Our supreme court transferred the appeal to this court pursuant to § 12-2-7(6), Ala. Code 1975. We reverse and remand.

The Hamiltons filed a complaint against Aldridge on July 2, 1996, alleging fraud and misrepresentation in connection with Aldridge's sale of certain property to them. Aldridge was served by certified mail with the summons and complaint on July 9. When Aldridge did not respond, the Hamiltons filed an…