Legal Opinion
Welch v. G.F.C. Credit Corporation
Court of Civil Appeals of Alabama
Decided August 11, 1976No. Civ. 875PublishedCited by 21 opinions
1Opinion of the Court
This is an appeal from denial of a Rule 60 (b), ARCP, motion to set aside a default judgment. We reverse.
Denial of a rule 60 (b) motion to set aside a default judgment is a final order and is appealable. Bros, Inc. v. W.E.Grace Mfg. Co., C.A. 5th, 320 F.2d 594, 601. See 11 Wright Miller, Federal Practice Procedure, Sec. 2871 at 258.
Plaintiff filed suit upon a note. The complaint stated that a copy of the note was attached as an exhibit and made a part thereof. The exhibit attached was not a note but a security agreement which listed no secured property. The complaint averred that by the terms…
2Cases cited7 opinions
- Bass v. HoaglandCourt of Appeals for the Fifth Circuit · 1949
- People v. VogelCalifornia Supreme Court · 1956
- Mrs. Julian Lamar Davis, Temporary Administratrix of the Estate of Charles Edward Davis, Deceased v. Parkhill-Goodloe Company, Inc.Court of Appeals for the Fifth Circuit · 1962
- Winfield Associates, Inc. v. W. L. StonecipherCourt of Appeals for the Tenth Circuit · 1970
- Hutton v. FisherCourt of Appeals for the Third Circuit · 1966
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Oliver v. SawyerSupreme Court of Alabama · 1978
- City of Gulf Shores v. HARBERT INTERN.Supreme Court of Alabama · 1992
- Knight v. DavisSupreme Court of Alabama · 1978
- Johnson v. MooreSupreme Court of Alabama · 1987
- Elliott v. StephensSupreme Court of Alabama · 1981
16 more not listed; retrieve them via the Exa API.