DIAL v. STATE

Civ. 1930.

374 So.2d 361 (1979)

Jake M. DIAL and One 1978 Chevrolet Custom DeLuxe 30 Truck, Vin Number: CCS338V119370. v. STATE of Alabama and Nathan G. Watkins as District Attorney of the 17th Judicial Circuit.

Court of Civil Appeals of Alabama.

August 29, 1979.


Attorney(s) appearing for the Case

James S. Ward of Baxley, Stuart, Ward & Dillard, Birmingham, David A. Reid, Livingston, for appellant.

Nathan G. Watkins, Dist. Atty., 17th Judicial Circuit, York, for appellee.


HOLMES, Judge.

This is an appeal from the Circuit Court of Sumter County's action denying the appellant's Rule 60(b) ARCP motion.

The appellant, by the Rule 60(b) motion, sought relief from a default judgment. The default judgment was taken in a condemnation proceeding wherein a truck was forfeited to the State of Alabama. As indicated, the learned trial judge denied the Rule 60(b) motion and we reverse.

From the record before this court, it appears...

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