Tag Archives: Houston County Circuit Court

Henry D. “Butch” Binford, Houston County Circuit Court, 20th Judicial Circuit Judge, Dothan, Alabama (since February 12, 2008), Huntingdon College (@HuntingdonColl), University of Alabama School of Law (@UALawSchool), former Veteran Prosecutor, in the Assault and Battery Civil case: Plaintiff v. Brian Ralph Beasley, Defendant (of Daleville, Dale County, Alabama) WHO FAILED TO APPEAR on the DAY the CASE (38-CV-2015-900261.00) WAS SET FOR TRIAL (February 21, 2017), on February 23, 2017, espoused a NEW LEGAL THEORY when he ENTERED JUDGMENT for the DEFENDANT, CONTRARY to Alabama Rules of Civil Procedure (ARCP), VII. JUDGMENT, Rule 55: The rule eliminates the requirement of notice prior to entry of JUDGMENT BY DEFAULT when the DEFAULT arises from FAILURE TO APPEAR on the day the case is set for trial


_________________________________________________
Unified Judicial System

State of Alabama

AlaFile E-Notice

38-CV-2015-900261.00

To: Hein Vernon Paul
vern@heinlaw.net

Judge: Henry D. “Butch” Binford

NOTICE OF ELECTRONIC FILING

In the Circuit Court of Houston County, Alabama

Plaintiff

v. Brian Ralph Beasley

The following matter was Filed on 2/23/2017 11:13:44 AM

Notice Date: 2/23/2017 11:13:44 AM

Carla H. Woodall
Circuit Court Clerk
Houston County, Alabama
P.O. Drawer 6406
Dothan, AL 36302
334-677-4859

Order of Judgment
_________________________________________________
DOCUMENT 40

In the Circuit Court of Houston County, Alabama

Plaintiff

v.

Beasley Brian Ralph
Defendant

Case No.: CV-2015-900261.00

ORDER

Upon consideration of the evidence and testimony presented herein, the Court finds that the evidence does not establish by a preponderance of the evidence the elements of the claims set out in the complaint

Accordingly, judgment is entered for the Defendant

Costs taxed as paid

Done this 23rd day of February, 2017

Henry D. “Butch” Binford
Circuit Judge
_________________________________________________
Alabama Rules of Civil Procedure (ARCP)
VII. JUDGMENT
Rule 55.
(a) Entry
(b) Judgment
(1) By the Clerk

Committee Comments on 1973 Adoption

The rule eliminates the requirement of notice prior to entry of judgment by default when the default arises from failure to appear on the day the case is set for trial

Rule 55(a) authorizes the clerk to enter defaults upon the civil docket when the party fails “to plead or otherwise defend”