Bates v. Bates
194 So. 3d 976
Ala. Civ. App.2015Background
- divorced in 2007; mother awarded primary physical custody, father has child-support obligation
- two minor children are aged 12 and 14
- father filed a handwritten petition for modification of custody and support on July 3, 2014
- hearing held November 17, 2014; mother did not appear; default judgment entered November 20, 2014 granting father custody and ordering support
- mother retained counsel, filed motion to set aside December 1, 2014; hearing held February 23, 2015; court denied motion
- mother appeals March 20, 2015; this Court reverses and remands
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion under Rule 55(c). | mother had meritorious defense; absence not culpable; merits should prevail | default judgment should stand absent compelling reasons to set aside | abused; default judgment set aside |
| Whether mother's absence was culpable conduct. | absence due to plausible misbelief about guardian ad litem; not willful | nonappearance supports culpable conduct and default | not culpable; absence was negligence at most |
Key Cases Cited
- Kirtland v. Fort Morgan Auth. Sewer Serv., Inc., 524 So.2d 600 (Ala.1988) (three-factor test for setting aside default; consider meritorious defense, prejudice, culpable conduct)
- Ex parte Family Dollar Stores of Alabama, Inc., 906 So.2d 892 (Ala.2005) (acknowledges balancing equities in Rule 55(c))
- DeQuesada v. DeQuesada, 698 So.2d 1096 (Ala.Civ.App.1996) (strong bias in favor of deciding domestic-relations on the merits)
- Hutchinson v. Hutchinson, 647 So.2d 786 (Ala.Civ.App.1994) (liberality in exercising discretion to allow defense to be litigated)
- Buster v. Buster, 946 So.2d 474 (Ala.Civ.App.2006) (custody context warrants strong bias toward merits)