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· 5/17/2024

Michael C. Sellers and Rapid Towing, LLC v. State of Alabama (Appeal from Mobile Circuit Court: CV-21-900299).

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that courts must have personal jurisdiction over a defendant to adjudicate an in personam controversy
  • noting that setting aside default judgments even though the affidavits were filed after the motions to set aside was consistent “with the general principle that defaults are not favored and doubts generally should be resolved in favor of the defaulting party”
  • noting that setting aside default judgments even though the affidavits were filed after the motions to set aside was consistent “with the general principle that defaults are not favored and doubts generally should be resolved in favor of the defaulting party”
  • “MCR 2.603(D) states twice that MCR 2.612 provides an exception to its requirements for setting aside a default judgment.”
  • “this Court does not decide cases on constitutional grounds when doing so can be avoided”
  • dictionary definition distinguishes actual knowledge from implied or constructive knowledge of a pending action

Source: CourtListener parenthetical corpus (CC0).

Judges: Sellers, J.

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.