MILLER v. MILLER

Civ. 5742.

508 So.2d 284 (1987)

Anna Maria Smith MILLER v. Wayne D. MILLER.

Court of Civil Appeals of Alabama.

May 27, 1987.


Attorney(s) appearing for the Case

Robert E. Gibney of Kilborn and Gibney, Mobile, for appellant.

Herndon Inge, Jr. of Inge, McMillan, Adams & Ledyard, Mobile, for appellee.


HOLMES, Judge.

This is an appeal of the circuit court's denial of a motion to set aside a judgment of divorce entered after default.

The husband filed suit for divorce in 1986 on the grounds of incompatibility. The wife was served with the complaint and summons, and the case was set for trial on June 12, 1986.

On the date of the trial the husband appeared; however, the wife was not present. At that time a "judgment by default" was entered against the...

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