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McDERMOTT v. TABB

1071536.

32 So.3d 1 (2009)

Scott McDERMOTT v. Gary TABB.

Supreme Court of Alabama.

August 21, 2009.

Attorney(s) appearing for the Case

Michael L. Jackson of Wallace, Jordan, Ratliff & Brandt, L.L.C., Birmingham; and Cheryl Baswell-Guthrie, Huntsville, for appellant.

M. Rebecca Hill of Johnston, Moore & Thompson, Huntsville, for appellee.

STUART, Justice.

Scott McDermott appeals an order of the Madison Circuit Court denying his motion made pursuant to Rule 60(b)(4), Ala. R. Civ. P., to set aside the default judgment entered in favor of Gary Tabb in Tabb's breach-of-contract action against McDermott. We reverse and remand.

I.

On April 24, 2007, Tabb instituted an action in the Madison Circuit Court against "Scott McDermott d/b/a Coldwell Banker Premier," alleging, essentially, that...

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