Supreme Court of Alabama

Deborah Ann Stevens Boudreaux v. Mendal Kemp and Thomasine Kemp Edwards

April 16, 20102010 Ala. LEXIS 65

Summary

The court held that the default judgment against the purported heirs was void because the plaintiffs failed to exercise reasonable diligence to identify and personally serve heirs whose names and addresses were available in the probate proceeding. The court also held that the heirs who merely attended the trial did not waive service defects because they did not appear as parties or meaningfully participate. The order denying relief was reversed, the default judgment was ordered vacated, and the case was remanded.