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EX PARTE SMITH

82-96.

438 So.2d 766 (1983)

Ex parte Robert SMITH. (Re Robert SMITH v. Elbert SAINT.)

Supreme Court of Alabama.

September 23, 1983.

Attorney(s) appearing for the Case

T.J. Carnes of Carnes & Carnes, Albertville, for petitioner.

Will Beard of Beard & Beard, Guntersville, for respondent.

EMBRY, Justice.

On petition of Robert Smith, we granted the writ of certiorari to review the Court of Civil Appeals', 438 So.2d 762, affirmance of the circuit court order setting aside a third-party default judgment against Elbert Saint entered in district court. The Court of Civil Appeals affirmed the order, reasoning that under ARCP 14(dc), the district court was without subject matter jurisdiction to enter a judgment. We quash...

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