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DUNCAN v. S.N.

1040105.

907 So.2d 428 (2005)

Bobby DUNCAN v. S.N., as next friend of T.H., a minor.

Supreme Court of Alabama.

February 11, 2005.

Attorney(s) appearing for the Case

Janie Baker Clarke, Mathews, for appellant.

P. Mark Petro of Schreiber & Petro, P.C., Birmingham, for appellee.

LYONS, Justice.

Bobby Duncan appeals from a ruling of the Etowah Circuit Court denying his motion for relief from a default judgment entered against him. We reverse and remand.

I. Facts and Procedural History

In April 2002, S.N., as next friend of T.H., a minor, sued Bobby Duncan in the Etowah Circuit Court, alleging negligence, wantonness, and assault and battery stemming from years of alleged sexual abuse committed by Duncan against T.H...

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