ZELLER v. BAILEY

1041699.

950 So.2d 1149 (2006)

Charles R. ZELLER v. Tracy BAILEY.

Supreme Court of Alabama.

July 28, 2006.


Attorney(s) appearing for the Case

Marion E. Wynne and Robert W. Waller of Wilkins, Bankester, Biles & Wynne, P.A., Fairhope, for appellant.

Thomas M. O'Hara of McDowell Knight Roedder & Sledge, LLP, Mobile, for appellee.


On Application for Rehearing

PER CURIAM.

The opinion of April 28, 2006, is withdrawn, and the following is substituted therefor.

Charles R. Zeller appeals from the trial court's denial of his motion filed pursuant to Rule 60(b), Ala. R. Civ. P., to set aside a default judgment against him in the amount of $2,589,645.06. We affirm.

I. Underlying Facts

On August 6, 2003, Tracy Bailey, president of Instrumentation and...

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