Rule 55(c) Motion To Set Aside Default Must Be Ruled Upon In 90 Days; Party In Default Cannot Assert Claim

In McGugin v. McGugin, [Ms. 2071188] (Ala. Civ. App. May 8, 2009), the Court of Civil Appeals dismissed an appeal from being from a void judgment after the trial court held proceedings in a case after it failed to rule on a  Rule 55(c) motion to set aside default judgment.

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Setting Aside of Default Judgment Affirmed

In Moore v. Welch, [Ms. 2070709] (Ala. Civ. App. Feb. 6, 2009), an employee sued his co-employees for willfulness resulting in an on the job injury after he was seriously burned when two fire extinguishers malfunctioned and the flames could not be put out.  The Court of Civil Appeals affirmed the trial court’s setting aside of a default judgment which was entered.  The opinion presents a good discussion of the requirements of Rule 55(c) and the Kirtland factors the courts are to consider in deciding Rule 55(c) motions to set aside defaults.

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