Supreme Court of Alabama

Adam Dan Hilyer v. Betti Fortier

February 20, 20152015 Ala. LEXIS 20

Summary

The Alabama Supreme Court reversed the trial court’s denial by operation of law of Adam Dan Hilyer’s motion to set aside a default judgment and remanded for the lower court to apply the Kirtland three‑factor analysis. The Court held that the trial court failed to demonstrate due deliberation and did not consider the required factors, thus exceeding its discretion.