Beavers v. Carter

Court of Civil Appeals of Alabama

Beavers v. Carter

644 So. 2d 23, 1994 Ala. Civ. App. LEXIS 326, 1994 WL 321229

CourtCourt of Civil Appeals of Alabama

DecidedJuly 8, 1994

DocketAV93000211

StatusPublished

Cited by1 cases

This text of 644 So. 2d 23 (Beavers v. Carter) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beavers v. Carter, 644 So. 2d 23, 1994 Ala. Civ. App. LEXIS 326, 1994 WL 321229 (Ala. Ct. App. 1994).

Pincite

Opinion

L. CHARLES WRIGHT,

Retired Appellate Judge.

This is a pro se appeal from a judgment in circuit court, dismissing the appellant’s suit.

John Beavers filed suit against Richard Carter, a fellow inmate, for personal injury resulting from an assault. Judgment by default was entered against Carter for failure to appear. The ease was set for trial twice. Neither party appeared. The action was dismissed. Beavers brought this appeal, alleging error for the dismissal.

The trial court did not err in dismissing the case on the date set for trial because of failure of either party to appear, even though judgment by default had previously been entered on the motion of Beavers. This was an action for damages. Proof of the amount of damages claimed was never offered, as required under Rule 55(b)(2), A.R.Civ.P. The judgment is affirmed.

The foregoing opinion was prepared by Retired Appellate Judge L. CHARLES WRIGHT while serving on active duty status as a judge of this court under the provisions of § 12-18-10(e), Code 1975, and this opinion is hereby adopted as that of the court.¹

AFFIRMED.

All the Judges concur.

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L. CHARLES WRIGHT,

Retired Appellate Judge.

This is a pro se appeal from a judgment in circuit court, dismissing the appellant’s suit.

John Beavers filed suit against Richard Carter, a fellow inmate, for personal injury resulting from an assault. Judgment by default was entered against Carter for failure to appear. The ease was set for trial twice. Neither party appeared. The action was dismissed. Beavers brought this appeal, alleging error for the dismissal.

The trial court did not err in dismissing the case on the date set for trial because of failure of either party to appear, even though judgment by default had previously been entered on the motion of Beavers. This was an action for damages. Proof of the amount of damages claimed was never offered, as required under Rule 55(b)(2), A.R.Civ.P. The judgment is affirmed.

The foregoing opinion was prepared by Retired Appellate Judge L. CHARLES WRIGHT while serving on active duty status as a judge of this court under the provisions of § 12-18-10(e), Code 1975, and this opinion is hereby adopted as that of the court.¹

AFFIRMED.

All the Judges concur.

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Bluebook (online)

644 So. 2d 23, 1994 Ala. Civ. App. LEXIS 326, 1994 WL 321229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beavers-v-carter-alacivapp-1994.

Opinion

L. CHARLES WRIGHT,

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