E.H. SMITH AND SON v. SPRINGDALE MALL

1901150.

592 So.2d 574 (1992)

E.H. SMITH AND SON ELECTRICAL CONTRACTORS, INC. v. SPRINGDALE MALL JOINT VENTURE, et al.

Supreme Court of Alabama.

January 10, 1992.


Attorney(s) appearing for the Case

D. Scott Wright and Weyman W. McCranie, Jr. of Brown, Hudgens, P.C., Mobile, for appellant.

Edward G. Bowron and W. Pemble Delashmet of Clark, Scott & Sullivan, Mobile, for appellees.


PER CURIAM.

A third-party defendant, E.H. Smith and Son Electrical Contractors, Inc. ("Smith"), suffered a default judgment in the amount of $250,820.11. Smith moved for relief from the judgment under Rule 60(b)(1) and (6), A.R.Civ.P.; the trial court denied the motion. Smith appealed. We reverse and remand.

On March 19, 1989, an accident occurred at the Springdale Mall Shopping Center ("Springdale"), in Mobile, Alabama. In a resulting lawsuit the plaintiffs...

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