Elizabeth Baptist Church, Inc. v. Ponder

Supreme Court of Alabama December 4, 1987

Elizabeth Baptist Church, Inc. v. Ponder, 517 So. 2d 613 (Ala. 1987)

1987 Ala. LEXIS 4667; 1987 WL 31818

Adams, Jones, Shores, Steagall, Torbert

Opinion of the Court

PER CURIAM.

Following a trial and a judgment for the defendants, the plaintiff appealed. The only issue raised is whether the court erred in denying the plaintiffs motion for default judgment. Because the plaintiff’s “motion for trial” averred that “all issues are joined,” we find no abuse of discretion on the part of the trial court in denying plaintiff’s motion for default judgment on the ground that the defendants failed to file an answer. Oliver v. Sawyer, 359 So.2d 368 (Ala. 1978); Rule 55, A.R.Civ.P.

AFFIRMED.

TORBERT, C.J., and JONES, SHORES, ADAMS and STEAGALL, JJ., concur.

Reference

Full Case Name: Elizabeth Baptist Church, Inc. v. Van Ponder and Clint Carter, D/B/A Carter Pulpwood Company.
Status: Published