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    IN the CIVIL Court of SHELBY COUNTY, Alabama PLAINTIFF CHARLES AND JANE FOSTER motion to set aside Default Judgment COMES NOW, THE DEFENDANT by and through its Attorney Gary C. Young and moves this Court to set aside the Default Judgment pursuant to Rule 60-b Alabama Rules of Civil Procedure. As grounds in support of said motion Defendant avers as follows: 1. That

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    Motion to Set Aside

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    IN the CIVIL Court of SHELBY COUNTY, Alabama PLAINTIFF CHARLES AND JANE FOSTER motion to set aside Default Judgment COMES NOW, THE DEFENDANT by and through its Attorney Gary C. Young and moves this Court to set aside the Default Judgment pursuant to Rule 60-b Alabama Rules of Civil Procedure. As grounds in support of said motion Defendant avers as follows: 1. That

    Copyright:

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    3K views2 pages

    Motion To Set Aside

    Uploaded by

    Nicholas Ryan
    IN the CIVIL Court of SHELBY COUNTY, Alabama PLAINTIFF CHARLES AND JANE FOSTER motion to set aside Default Judgment COMES NOW, THE DEFENDANT by and through its Attorney Gary C. Young and moves this Court to set aside the Default Judgment pursuant to Rule 60-b Alabama Rules of Civil Procedure. As grounds in support of said motion Defendant avers as follows: 1. That

    Copyright:

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    IN THE CIVIL COURT OF SHELBY COUNTY, ALABAMA

    PLAINTIFF }
    CHARLES AND JANE FOSTER }
    }
    VS. } CASE NO. CV-2008-900818
    }
    DEFENDANT, }
    CORNERSTONE BUILDING CO.,INC., }
    THIRRD PARTY PLAINTIFF, }
    }
    V. }
    }
    LARRY CLINE, d/b/a BUILT RITR }
    MASONARY; PITTMAN’S METAL WORKS,}
    INC,; CRAMER CONTRUCTION }
    COMPANY, INC.; AND DUNCAN CUSTOM }
    GUTTER, INC.; }
    }
    THIRD PARTY DEFENDANTS. }

    MOTION TO SET ASIDE DEFAULT JUDGMENT

    COMES NOW, THE DEFENDANT by and through its Attorney Gary C. Young and
    moves this Court to set aside the Default Judgment pursuant to Rule 60-b Alabama Rules of
    Civil Procedure. As grounds in support of said motion Defendant avers as follows:

    1. That the Defendant by and through his Attorney contacted Rick Wallis, Attorney for third
    party, Plaintiff and initiated discussion relative to a settlement of this matter.

    2. The Defendant intended to file an answer in this case but due to mistake, error or excuse
    did not timely file an answer in the belief that third party complaint Plaintiff is not going
    to enter a default until he filed an answer.

    3. The Defendant desires this default be set aside and he be allowed to answer and deny the
    third party complaint.

    WHEREFORE PREMISES CONSIDERED, Petitioner prays for the following relief:


    1. That the Order of October 27, 2009 be set aside.

    2. That the Defendant be allowed to answer this complaint.

    Respectfully Submitted,
    /s/Gary C. Young
    Gary C. Young (YOU007)
    2301 Morris Ave. Suite 104
    Birmingham, Alabama 35203
    205-324-3227
    GCY@aol.com

    Certificate of Service

    This is to certify that I have served a foregoing copy to Council for Plaintiff, Brian Cloud 1625
    Richard Arrington Blvd. South, Birmingham, Alabama,35205, postage paid via the United States
    Postal Service on October 29th , 2009

    /s/Gary C. Young_________
    Gary C. Young

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