Motion To Set Aside 5e35n

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 of said motion Defendant avers as follows: 1. That the Defendant by and through his Attorney ed 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 [email protected] 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