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TRUSS v. CHAPPELL

1051093.

4 So.3d 1110 (2008)

Rodney D. TRUSS v. Sandra N. CHAPPELL.

Supreme Court of Alabama.

August 22, 2008.

Attorney(s) appearing for the Case

Ralph D. Gaines III and Travis G. KcKay, Jr., of Gaines, Wolter & Kinney, P.C., Birmingham, for appellant.

John D. Saxon and Lisa D. Davis of John D. Saxon, P.C., Birmingham, for appellee.

MURDOCK, Justice.

Rodney D. Truss, the defendant below, appeals from the denial of his motion, made pursuant to Rule 60(b)(4), Ala. R. Civ. P., to set aside a default judgment in favor of the plaintiff, Sandra N. Chappell. Truss contends that the default judgment was void because, he says, Chappell did not properly serve him with process. We agree, and we reverse and remand.

In September 2001, Chappell's automobile...

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