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Lifestar Response of Alabama12/3/2004
bama, Inc., as evidenced by the answer it filed in a prior action and the fact that it operated under the tradename "Care Ambulance Service." Judge Price concluded that Lifestar had received actual notice of a claim against it asserting negligence of its employees and simply "took a calculated risk in not appearing to defend." Judge Price expressed his opinion that the default was the result of culpable conduct by Lifestar, pointing out that Lifestar had misrepresented itself to the courts in Montgomery County by names other than its true legal name. He denied the motions to set aside the default judgment and granted the motion to amend it, directing the court clerk to substitute "Lifestar Response of Alabama, Inc., d/b/a Care Ambulance Service" for "Care Ambulance Service, Alabama, Inc." in the default judgment.
Care has not appealed from Judge Price's order. Lifestar appeals, asserting (1) that the default judgment was void because service of process was insufficient as to both it and Care; (2) that if the judgment was not void, it should have been set aside; (3) that if the judgment was not void and not otherwise due to be set aside, it was error for Judge Price to substitute Lifestar as the judgment debtor; and (4) that the $5,000,000 default judgment was excessive.
We review de novo a trial court's ruling on a Rule 60(b)(4), Ala. R. Civ. P., motion to set aside a default judgment as void. North Brook Indem. Co. v. Westgage, LTD., 769 So. 2d 890 (Ala. 2000). We also review de novo a ruling amending a default judgment to rename the judgment debtor. Ex parte CTF Hotel Mgmt. Corp., 719 So. 2d at 207. In reviewing a trial court's denial of a motion to set aside a default judgment under other subdivisions of Rule 60(b) or under Rule 55(c), we consider whether the trial judge exceeded his or her discretion. Triple D Trucking, Inc. v. Tri Sands, Inc., 840 So. 2d 869 (Ala. 2002).
We conclude that Lifestar has not shown that it is entitled to have the default judgment set aside as void for lack of jurisdiction. "The purpose of service is to notify the defendant of the action that is being brought against him." Hughes v. Cox, 601 So. 2d 465, 470 (Ala. 1992). See also Ex parte CTF Hotel Mgmt. Corp., 719 So. 2d at 208; Goodall v. Ponderosa Estates, Inc., 337 So. 2d 726, 728 (Ala. 1976).
"We affirmatively hold that a judgment entered against a trade name is a judgment against the individual doing business under that trade name, at least so long as the individual was personally served with the complaint. Absent a statute to the contrary, an individual has the right to be known by any name that he chooses, and a judgment entered for or against that individual in either an assumed name or a trade name is valid."
Hughes v. Cox, 601 So. 2d at 471.
In Ex parte CTF, supra, the plaintiff sued an entity named in the complaint as "Stouffer Riverview Plaza Hotel," seeking damages for an incident described in the complaint as having occurred on a specific date when the hotel's manager had had the plaintiff arrested for allegedly refusing to pay his bill. The hotel was owned by Riverview Plaza Associates, Inc. ("Riverview Plaza"), but was operated by Stouffer Hotel Management Corporation ("Stouffer Hotel Management") pursuant to a contract between Stouffer Hotel Management and Riverview Plaza. The hotel's manager was an employee of Stouffer Hotel Management, and the complaint was served on an individual who worked under the supervision of Stouffer Hotel Management. "For reasons that are not fully apparent from the record, neither Stouffer Hotel Management nor Riverview Plaza answered the complaint." 719 So. 2d at 206-07. A default judgment was entered against "Sto
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