Supreme Court of Alabama

Adam Dan Hilyer v. Betti Fortier

January 6, 20172017 Ala. LEXIS 1

Summary

The court held that the circuit court exceeded its discretion by refusing to set aside Hilyer's default judgment because all three required factors favored relief: Hilyer presented plausible negligence, contributory-negligence, and wantonness defenses; Fortier did not establish substantial unfair prejudice; and the default resulted from negligence and reasonable reliance on insurance-related representation rather than culpable conduct. The court therefore reversed and remanded. The court did not reach Hilyer's additional arguments concerning the minor's best interests or the amount of damages.