Lary v. Genelex Corp.

PITTMAN, Judge.

This appeal, like Lary v. Flasch Business Consulting, 909 So.2d 194 (Ala.Civ. App.2005) (“Flasch II”), also decided today, stems from a case involving claims asserted by John Lary d/b/a Internal Medicine Clinic (“Lary”) under the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 et seq. (“the TCPA”), and in which an order was entered in favor of a defendant despite a request by Lary for the entry of a default judgment against the defendant (which in this case is Genelex Corporation). As it did in Flasch II,1 the trial court entered an order determining that, as to…