93 So. 3d 942
Ala. Civ. App.2012Background
- Hooie was sued in 1997 by Barksdale for legal fees ($20,548.70).
- Default judgment was entered against Hooie in April 1997 after she failed to respond.
- The default judgment was not executed for over 10 years.
- Barksdale sought revival of the default judgment in November 2010 under Ala. Code 6-9-192, and the court granted revival in December 2010.
- Hooie moved under Rule 60(b)(4) in April 2011 to set aside the default judgment, alleging lack of service and lack of personal jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hooie was properly served to obtain personal jurisdiction. | Barksdale contends service was valid through sheriff delivery. | Hooie argues there was no proper service; not personally served. | The trial court did not err; service was sufficiently proven by clerk records to establish prima facie service. |
| Whether the default judgment was void for lack of service under Rule 60(b)(4). | If service existed, the judgment is valid; voidness not shown. | Lack of proper service renders the judgment void. | Rule 60(b)(4) void-judgment standard applied; court properly denied relief. |
Key Cases Cited
- Wright v. Rogers, 435 So.2d 90 (Ala.Civ.App.1983) (service defects can void a default judgment; burden on showing proper service)
- Ex parte Full Circle Distrib., L.L.C., 883 So.2d 638 (Ala.2003) (void judgments may be attacked at any time; prima facie evidence of service)
- Seventh Wonder v. Southbound Records, Inc., 364 So.2d 1173 (Ala.1978) (judgment void when due process not satisfied; lack of jurisdiction concerns)
- Horizons 2000, Inc. v. Smith, 620 So.2d 606 (Ala.1993) (burden to prove proper service rests on proponent; strict compliance required)
- Allsopp v. Bolding, 86 So.3d 952 (Ala.2011) (ore tenus standard for Rule 60(b) factual findings)