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TERRY v. FRISBEE

Civ. 2607.

404 So.2d 345 (1981)

Larry Wayne TERRY v. Deidra C. FRISBEE.

Court of Civil Appeals of Alabama.

Rehearing Denied June 3, 1981.

Attorney(s) appearing for the Case

Samuel Maples of Corretti & Newsom, Birmingham, for appellant.

Norman G. Winston of Winston & Winston, Birmingham, for appellee.

HOLMES, Judge.

Frisbee sued Terry on a check. The District Court of Jefferson County entered a default judgment in favor of Frisbee. Some five months after the entry of judgment Terry filed a rule 60(b), ARCP, motion to set aside the default judgment. The district court, after a hearing, denied the rule 60(b) motion. Terry then appealed directly to this court.

Frisbee filed a motion to dismiss the appeal, contending that Terry's appeal from the district court...

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