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EX PARTE HORNSBY III

No. 1940903.

663 So.2d 966 (1995)

Ex parte Claud E. HORNSBY III, et al. (In re STATE of Alabama, etc., et al. v. PBA FINANCIAL CORPORATION, etc., et al.).

Supreme Court of Alabama.

July 7, 1995.

Attorney(s) appearing for the Case

Steven L. Nicholas of Sirote & Permutt, P.C., Mobile, for petitioners.

Jack W. Meigs, pro se.

HOUSTON, Justice.

Claud E. Hornsby III, C.E. Hornsby, Jr., and Emily J. Hornsby petition this Court for a writ of mandamus directing Bibb County Circuit Judge Jack W. Meigs to vacate an order setting aside a default judgment in their favor. The writ is granted.

The petitioners obtained a default judgment against James Newell on April 5, 1994. That judgment was entered by Bibb County Circuit Judge J.C. Norton. On May 5, 1994, Newell filed a motion to set aside...

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