(Download) "Ronald Kirtland v. Fort Morgan Authority" by Supreme Court of Alabama * Book PDF Kindle ePub Free

eBook details

Title: Ronald Kirtland v. Fort Morgan Authority
Author : Supreme Court of Alabama
Release Date : January 01, 1988
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

HOUSTON, JUSTICE. Ronald Kirtland, the defendant, appeals from a denial of his motion to set aside a default judgment. This dispute arose when
Fort Morgan Authority Sewer Service (FMASS) instituted a suit against Kirtland, claiming damages for breach of contract and
for fraud. As a result of Kirtland's failure to appear during the week of trial, the trial court entered a default judgment
against Kirtland and in favor of FMASS for $210,000 on its breach of contract claim. Thereafter, Kirtland filed a motion to
set aside the default judgment, pursuant to Rule 55(c), Ala. R. Civ. P. The trial court denied his motion. The issue here
is whether the trial court abused its discretion in denying Kirtland's motion to set aside the default judgment under Rule
55(c).