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Browning Bros. Flooring, Inc. v. LKJ, Inc.
Citations: 733 So. 2d 446; 1999 Ala. Civ. App. LEXIS 131; 1999 WL 112516Docket: 2970724
Court: Court of Civil Appeals of Alabama; March 4, 1999; Alabama; State Appellate Court
LKJ, Inc. initiated a lawsuit against Michael Browning and three fictitious parties for the conversion of 12 slabs of wood, resulting in a trial without a jury. During the trial, LKJ successfully moved to amend its complaint to include Browning Brothers Flooring, Inc. as a defendant. The court ruled in favor of LKJ, awarding $20,000 against both Browning and the corporation. Subsequently, Browning Brothers Flooring, Inc. filed a motion to alter, amend, or vacate the judgment, which the trial court denied. The corporation then appealed the decision. The appellate court identified a critical jurisdictional issue: the corporation was not served with process and did not appear at trial. According to Alabama Rule of Civil Procedure 4(f), a court cannot proceed against a defendant not properly served, rendering any judgment against them void. The court referenced Ex parte Pate, which supports this principle. Consequently, the judgment against Browning Brothers Flooring, Inc. was vacated as void, and the appeal was dismissed. All judges concurred in this decision, with one judge concurring only in the result.