Elizabeth Baptist Church, Inc. v. Ponder

Supreme Court of Alabama

Elizabeth Baptist Church, Inc. v. Ponder

517 So. 2d 613, 1987 Ala. LEXIS 4667, 1987 WL 31818

CourtSupreme Court of Alabama

DecidedDecember 4, 1987

Docket86-1011

StatusPublished

This text of 517 So. 2d 613 (Elizabeth Baptist Church, Inc. v. Ponder) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Elizabeth Baptist Church, Inc. v. Ponder, 517 So. 2d 613, 1987 Ala. LEXIS 4667, 1987 WL 31818 (Ala. 1987).

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Opinion

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.

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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.

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517 So. 2d 613, 1987 Ala. LEXIS 4667, 1987 WL 31818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elizabeth-baptist-church-inc-v-ponder-ala-1987.

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