Duncan v. S.N.

Bobby Duncan appeals from a ruling of the Etowah Circuit Court denying his motion for relief from a default judgment entered against him. We reverse and remand.

I. Facts and Procedural History

In April 2002, S.N., as next friend of T.H., a minor, sued Bobby Duncan in the Etowah Circuit Court, alleging negligence, wantonness, and assault and battery stemming from years of alleged sexual abuse committed by Duncan against T.H. When the complaint was filed, Duncan was incarcerated at Bullock Correctional Facility in Union Springs. S.N. requested the clerk of the Etowah Circuit Court to serve Duncan…