APPALACHIAN STOVE AND FABRICATORS, INC. v. Roberts

This is an appeal from a judgment refusing to set aside a default judgment against Appalachian Stove and Fabricators, Inc. ("Appalachian").

The issue before us is whether the trial court abused its discretion in denying Appalachian's motion for relief from the default judgment under Rule 60(b)(6), Ala.R.Civ.P.

In 1985, a residence owned by David Roberts and insured by Nationwide Fire Insurance Company ("Nationwide") was partially destroyed by fire caused by a "defective chimney." An investigation by Nationwide revealed that the fire was caused by the negligent or wanton installation, or…