LEE v. MARTIN

86-943.

533 So.2d 185 (1988)

Walter Mayberry LEE III v. Donna Downey MARTIN.

Supreme Court of Alabama.

September 23, 1988.


Attorney(s) appearing for the Case

David F. Daniel and Weyman W. McCranie, Jr., of Brown, Hudgens, Richardson, Mobile, for appellant.

Barry Hess of Hess, Atchison & Horne, Mobile, for appellee.


HOUSTON, Justice.

This is an appeal from a default judgment in a personal injury action. The issues presented are 1) whether settlement negotiations between the plaintiff and the defendant's insurance adjuster before the complaint was filed constituted an "appearance" on behalf of the defendant so that he was entitled to the three-day notice provided in Rule 55(b)(2), Ala.R.Civ.P., and 2) whether the trial judge abused his discretion in refusing to set the default...

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