R. E. Grills v. Samuel L. Davison

ALMON, JUSTICE. The defendant R. E. Grills, Inc., appeals from a $125,000 judgment entered on a jury verdict in favor of the plaintiff, Samuel
L. Davison, Jr., in a personal injury action for damages. Davison brought this action against Ronald J. Gulley, Auto Electric
and Carburetor Company, Inc., R. E. Grills, Inc., and sundry fictitiously named defendants, alleging negligence and wantonness
in connection with an automobile accident that occurred on Interstate Highway 59. The sole issue is whether the circuit court
erred when, six months after Davison had voluntarily dismissed this action, it granted his Rule 60(b), Ala. R. Civ. P., motion
to set aside the voluntary dismissal on the ground that he had not received notice of the order of dismissal from the circuit
court clerk.