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Shaddix v. Shaddix

Court of Civil Appeals of Alabama
Aug 14, 1992
603 So. 2d 1096 (Ala. Civ. App. 1992)

Summary

finding that "it [did] not affirmatively appear from an examination of the record that a diligent effort to locate the [defendant] was made . . . or that such an effort would have proven futile"

Summary of this case from Boudreaux v. Kemp

Opinion

2910270.

August 14, 1992.

Appeal from the St. Clair Circuit Court, William E. Hereford, J.

Wilford J. Lane, Anniston, for appellant.

No brief for appellee.


Danny Shaddix (husband) appeals from the denial of a Rule 60(b), Alabama Rules of Civil Procedure, motion to set aside a default judgment for failure of proper service.

On May 13, 1991, Marilyn Shaddix (wife) filed a complaint for divorce in the Circuit


Summaries of

Shaddix v. Shaddix

Court of Civil Appeals of Alabama
Aug 14, 1992
603 So. 2d 1096 (Ala. Civ. App. 1992)

finding that "it [did] not affirmatively appear from an examination of the record that a diligent effort to locate the [defendant] was made . . . or that such an effort would have proven futile"

Summary of this case from Boudreaux v. Kemp

stating that the " ‘ "[f]ailure to exercise due diligence in perfecting personal service of process precluded notice by publication" ’ "

Summary of this case from M.M. v. K.J.Z.

equating reasonable diligence with due diligence

Summary of this case from Johnson v. Johnson

In Shaddix v. Shaddix, 603 So.2d 1096 (Ala.Civ.App. 1992), this court held that notice by publication is precluded if there is a failure to exercise due diligence in perfecting personal service of process.

Summary of this case from DeRamus Exxon, Inc. v. Wyatt
Case details for

Shaddix v. Shaddix

Case Details

Full title:Danny SHADDIX v. Marilyn SHADDIX

Court:Court of Civil Appeals of Alabama

Date published: Aug 14, 1992

Citations

603 So. 2d 1096 (Ala. Civ. App. 1992)

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