from Shelby Circuit Court (CV-18-99)
Application for Rehearing
court's opinion of January 11, 2019, is withdrawn, and
the following is substituted therefor.
Mays appeals from an order of the Shelby Circuit Court
("the circuit court") dismissing her appeal from an
order entered by the Shelby District Court ("the
district court") denying her Rule 60(b)(4), Ala. R. Civ.
P., motion to set aside a default judgment entered against
her in an eviction and unlawful-detainer action. We reverse
the circuit court's judgment.
January 24, 2018, Trinity Property Consultants, LLC, filed in
the district court a "Statement of Claim" for
"Eviction/Unlawful Detainer" against Mays. Trinity
Property demanded possession of certain property located in
Birmingham, as well as "3556.67 plus court costs ...
consisting of unpaid rent and late charges, plus
attorney's fees (if applicable) and other charges."
Proof of service upon Mays was filed on January 26, 2018.
February 2, 2018, Trinity Property filed an application for
the entry of a default judgment against Mays. On February 5,
2018, the district court entered a default judgment in favor
of Trinity Property and against Mays. That judgment provided,
"This case came before the Court on [Trinity
Property's] application for default judgment on the
Unlawful Detainer possession count of the complaint. [Trinity
Property] is entitled to possession as claimed in the
complaint and default is hereby entered and default judgment
is hereby entered in favor of [Trinity Property] and against
[Mays] on the Unlawful Detainer [count]. The Court hereby
orders and adjudges that the ... property ... be restored to
"Rent is ascertained to be $925.00 per month due on the
1st of the month. Rent in the amount of $925.00 has accrued
since date of filing to date. Pursuant to Rule 54(b)[, Ala.
R. Civ. P., ] and in order to make this a final order, the
Court specifically finds that there is no just reason for
delay and specifically directs the immediate entry of
judgment as to [Mays] for property sued for and costs of
court with leave to prove damages against [Mays] on the money
February 22, 2018, Mays filed in the district court a Rule
60(b)(4) motion seeking to set aside the default judgment
(see Rule 60(dc), Ala. R. Civ. P.), alleging that
she had not been served with the complaint in the action.
That motion was denied on February 27, 2018.
March 5, 2018, Mays filed her notice of appeal to the circuit
court. On March 12, 2018, Trinity Property moved the circuit
court to dismiss the appeal because, it asserted, it had been
untimely filed. On March 21, 2018, the circuit court
dismissed Mays's appeal.
March 27, 2018, Mays filed in the circuit court a
"motion to reinstate appeal and [to] stay
execution," which we construe as a motion filed pursuant
to Rule 59(e), Ala. R. Civ. P. See Larkin v. American
Eastern Surety Ins. Co., 979 So.2d 835, 838 (Ala. Civ.
App. 2007); and Ryans v. State exrel.
Stoudemire, 963 So.2d 95, 96 (Ala. Civ. App. 2007). On