RUSSELL COAL CO., INC. v. SMITH

1011008.

845 So.2d 781 (2002)

RUSSELL COAL COMPANY, INC. v. Kenneth SMITH and Deborah Smith.

Supreme Court of Alabama.

September 20, 2002.


Attorney(s) appearing for the Case

John M. Bergquist of Parsons, Lee & Juliano, P.C., Birmingham, for appellant.

Garve Ivey, Jr., of Ivey & Ragsdale, Jasper, for appellees.


WOODALL, Justice.

The defendant, Russell Coal Company, Inc. ("Russell"), appeals from an order denying its Rule 60(b), Ala. R. Civ. P., motion for relief from a default judgment in favor of the plaintiffs, Kenneth Smith and Deborah Smith. Russell suffered a default judgment in the amount of $300,000 after it failed to answer the Smiths' complaint. Russell argues that the judgment is void, because, it says, the Smiths did not properly serve process on it. We agree...

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