Beh, Jr. v. State Ex Rel. Mec
71 So. 3d 689
Ala. Civ. App.2011Background
- In 2010, Alabama filed UIFSA proceedings to register and enforce a 1978 Texas divorce judgment requiring B.E.H., Jr. to pay $30 weekly child support.
- Alabama previously determined the Texas support order lacked personal jurisdiction and was not enforceable; an Alabama order in 1988 set $120 monthly support.
- Texas later sought to collect arrears; Texas asked Alabama to determine controlling order and arrears in January 2010.
- The juvenile court found the Alabama 1988 order controlling, calculating $1,664 in arrears since January 1990 and $4,261.44 in interest, and entered a $5,925.44 default judgment in September 2010.
- The father timely moved to set aside the default judgment; the motion was denied, and appeal followed. An audiotape later surfaced, and direct appeal to this court was permitted.
- The court held Alabama’s judgment was erroneous; it reversed and remanded, applying Rule 55(c) Kirtland factors and finding the father presented meritorious defenses and lacked culpable conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the default judgment should be set aside under Rule 55(c). | State argues no meritorious defense; prejudice and culpable conduct not shown. | Father showed meritorious defenses and lack of culpable conduct; setting aside warranted. | Yes; the default judgment should be set aside. |
| Whether setting aside would unfairly prejudice the mother or State. | Setting aside risks prejudice due to arrears. | No substantial prejudice shown; child reached majority years ago and defenses exist. | No substantial prejudice; factor weighs in favor of relief. |
| Whether the father's conduct was culpable for purposes of Rule 55(c). | No claim of culpable conduct argued by State. | Failure to appear was negligent, not culpable; no intentional disregard sustained. | Not culpable conduct; negligence at most. |
Key Cases Cited
- Kirtland v. Fort Morgan Auth. Sewer Serv., Inc., 524 So.2d 600 (Ala. 1988) (three-factor liberal standard for setting aside default judgments)
- Martin v. Crumpton, 883 So.2d 700 (Ala.Civ.App. 2003) (recognizes meritorious defense standard under Rule 55(c))
- Phillips v. Randolph, 828 So.2d 269 (Ala.2002) (prima facie prejudice analysis for setting aside default judgments)
- Weaver v. Weaver, 747 So.2d 909 (Ala.Civ.App.1999) (negligence vs. culpable conduct; no intent shown)
- Fuller v. Fuller, 991 So.2d 285 (Ala.Civ.App.2008) (failure to demonstrate two Kirtland factors not fatal to relief)
- Sumlin v. Sumlin, 931 So.2d 40 (Ala.Civ.App.2005) (relief from default judgment considerations)
- Burleson v. Burleson, 19 So.3d 233 (Ala.Civ.App.2009) (non-notification duties of court; relevance to notice and diligence)
- Johnson v. Moore, 514 So.2d 1343 (Ala.1987) (default judgment discretion and doubt in propriety favors the defaulting party)