Void Default Judgment Should Have Been Vacated Under Rule 60(b)(4)


Where a defendant was not served with process, a default judgment entered against her was void for lack of personal jurisdiction. The trial court should have granted her motion to vacate that judgment under Rule 60(b)(4). The Court of Civil Appeals reversed the lower court and ordered the default judgment vacated. Dennis v. Still Waters Residential Ass’n, No. 2071064 (Ala. Civ. App. Mar. 20, 2009).

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“No Bright Line” Determines When Mandamus Will Be Treated As Appeal; Late “Enlargement” of Judgment Was Not “Correction” Under Rule 60(a)

The Court of Civil Appeals treated a petition for mandamus as an appeal from the denial of a Rule 60(b)(4) motion for relief from a void order. Weaver v. Weaver, No. 2070778 (Ala. Civ. App. Sept. 26, 2008). Moreover, the trial court’s late attempt to substantively revise its earlier judgment was not a clerical “correction” under Rule 60(a) that could be made after the time for ruling on post-judgment motions had expired.

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