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LVNV FUNDING, LLC v. BOYLES

2080442.

70 So.3d 1221 (2009)

LVNV FUNDING, LLC v. Tammie LYNN (Moncries) BOYLES.

Court of Civil Appeals of Alabama.

October 23, 2009.

Attorney(s) appearing for the Case

David R. Pruet III and Wesley B. Gilchrist of Lightfoot, Franklin & White, L.L.C., Birmingham, for appellant.

Jerry O. Lorant of Lorant & Associates, PC, Birmingham, for appellee.

BRYAN, Judge.

LVNV Funding, LLC ("LVNV"), appeals from a judgment denying its motion to vacate a default judgment pursuant to Rule 60(b)(4), Ala. R. Civ. P.1 We reverse and remand.

On April 18, 2006, Tammie Lynn (Moncries) Boyles sued LVNV in the Jefferson Circuit Court ("the circuit court"). In pertinent part, Boyles's complaint alleged that LVNV was "one and the same as Resurgent Capital...

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