Ex parte Mark Price d/b/a J&M Movers.

Defendant Mark Price d/b/a J&M Movers ("J&M") filed a petition for a writ of mandamus with the Alabama Supreme Court requesting the Perry Circuit Court to vacate its order granting a motion for relief from judgment filed by plaintiffs Lawrence and Margaret Brewer. In 2013, the Brewers sued J&M and fictitiously named defendants, asserting a single claim alleging trespass based on the June 23, 2009, repossession of a mobile home that was located on their real property. According to the Brewers, on or about June 23, 2009, J&M unlawfully entered their real property to repossess the mobile home and caused damage to their property during the process. J&M filed an answer in which it denied the allegations in the complaint. In 2015, the Brewers filed an amended complaint, substituting Brandon Scott Asberry d/b/a Scott Asberry Transportation as "the proper party Defendant in this case." Thereafter the Brewers filed a motion to dismiss J&M as a defendant in the case, which the trial court granted. J&M was dismissed as a defendant. Over two years later, the Brewers filed a motion for relief from the judgment of dismissal, citing Rule 60(b)(6), Ala. R. Civ. P., and asking the trial court to reinstate J&M as a defendant. The trial court granted the Brewers' motion for relief from judgment. After review, the Alabama Supreme Court concluded J&M established that the Brewers were not entitled to relief pursuant to Rule 60(b)(6) and that the trial court exceeded its discretion in granting the Brewers' motion for relief from judgment. Accordingly, the Supreme Court granted the petition for a writ of mandamus and directed the Perry Circuit Court to vacate its order granting the motion for relief from judgment filed by the Brewers. View "Ex parte Mark Price d/b/a J&M Movers." on Justia Law