Supreme Court of Alabama

Ex Parte Joshua Ward (in Re: Joshua Ward v. Johnathan Motors, LLC)

May 18, 2018264 So. 3d 52

Summary

The Court granted Ward's petition for a writ of mandamus and directed the trial court to reinstate a default judgment against the dealership. It held that the dealership failed to meet its initial burden of presenting allegations, arguments, and evidence addressing each required factor for setting aside a default judgment, so the trial court lacked discretion to vacate the judgment. The Court also rejected the dealership's contention that its later-filed answer cured the default.