DocketNumber: 2130931
Citation Numbers: 171 So. 3d 52
Judges: Donaldson, Moore, Pittman, Thomas, Thompson
Filed Date: 1/9/2015
Status: Precedential
Modified Date: 8/22/2021
Joshua Caspari appeals from a default judgment entered against him by the El-more Circuit Court (“the trial court”).
On appeal, Caspari argues that the trial court erred in entering the default judgment on the following grounds: (1) that he was not personally served with the summons and complaint in compliance with Rule 4(c)(5), Ala. R. Civ. P.; (2) that he filed an answer before entry of the default judgment; and (3) that the condemnation and forfeiture proceedings were not instituted promptly as required by Alabama law.
The State has filed a brief with this court in which it concedes that the default judgment entered against Caspari was erroneously entered because, it concedes, there is no evidence indicating that Cas-pari was served in compliance with Rule 4(c)(5), Ala. R. Civ. P., and, thus, in the absence of evidence of effective service, there is no evidence indicating that Cas-pari willfully failed to answer. The State concedes that the trial court erred in entering the default judgment and in failing to set that judgment aside. See TitleMax of Alabama, Inc. v. State, 961 So.2d 171 (Ala.Civ.App.2007) (judgment reversed and cause remanded when State filed a brief in which it conceded default judgment was entered in error). Accordingly, we reverse the judgment and remand the cause for further proceedings. •
REVERSED AND REMANDED.'