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).

Continue reading