NELSON v. NELSON

Civ. 2090, Civ. 2090-A.

381 So.2d 655 (1980)

Edwin NELSON v. Delores Campbell NELSON.

Court of Civil Appeals of Alabama.

March 19, 1980.


Attorney(s) appearing for the Case

Charles C. Partin of Stone & Partin, Bay Minette, for appellant.

E. E. Ball of Owen & Ball, Bay Minette, for appellee.


BRADLEY, Judge.

This is a consolidated appeal from the granting of a divorce and the denial of a subsequent Rule 60(b) ARCP motion seeking relief from that judgment. The appeal hinges on the propriety of rendering a judgment where counsel for defendant withdrew on the same day as the hearing and defendant states he had no prior notice of the withdrawal nor of the hearing. The appeal turns on whether defendant had notice. We reverse and remand.

The consolidated...

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