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SAMPSON v. CANSLER

1971293 and 1971376.

726 So.2d 632 (1998)

Jesse SAMPSON and Terence J. Sampson v. Maud CANSLER, as executrix of the estate of Neil Cansler, deceased. William Todd Atkinson et al. v. Maud Cansler, as executrix of the estate of Neil Cansler, deceased.

Supreme Court of Alabama.

December 4, 1998.

Attorney(s) appearing for the Case

Gerald D. Colvin, Jr., of Bishop, Colvin, Johnson & Kent, Birmingham, for appellants Jesse Sampson and Terence J. Sampson.

Bert S. Nettles, Mark D. Hess, and Peter D. LeJeune of London & Yancey, L.L.C., Birmingham, for intervenors/appellants William Todd Atkinson and Fite, Davis Atkinson, Guyton & Bentley, P.C.

Terry L. Dempsey and F. David Lowery of Lowery & Dempsey, Russellville, for appellee.

KENNEDY, Justice.

These appeals are from an order denying a Rule 60(b)(6), Ala.R.Civ.P., motion for relief from a default judgment. We reverse and remand.

On September 11, 1996, Neil Cansler was driving his farm tractor on Highway 5 in Franklin County when his tractor was struck from behind by a automobile driven by Terence Sampson. Mr. Cansler was thrown from the tractor, and he later died from injuries he suffered in the accident. Maud Cansler, administratrix...

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