# Ex Parte Phillips

> Supreme Court of Alabama · November 5, 2004 · 900 So. 2d 412

URL: https://www.frixlaw.com/law-library/cases/9934049

## Case

- **Full name:** Ex Parte Delaine Phillips and Emmanuel L. Phillips, Sr., Individually and D/B/A Phillips Enterprises. (In Re Delaine Phillips v. Bredero Price Company, Inc.).
- **Court:** Supreme Court of Alabama
- **Decided:** November 5, 2004
- **Citations:** 900 So. 2d 412; 2004 WL 2488777
- **Precedential status:** Published
- **Opinion:** Concurrence by Houston
- **Judges:** Houston, Stuart
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9934049

## Opinion text

I concurred in the opinion written by Justice Adams in Western Union Telegraph Co. v. Crowder , 547 So.2d 876 (Ala. 1989), so I concur here. However, civility, if not the law, should compel a lawyer for a party who has been contacted by another lawyer representing an opposing party in litigation to notify that other lawyer before he or she takes steps to have the action concluded without its being decided on the merits.
More than 30 years ago, when I was practicing law and representing a plaintiff in a civil action, I moved for and obtained a default judgment against the defendant. An attorney contacted me and told me that he had orally contacted me earlier and advised me that he was representing the defendant in the litigation. I did not remember the discussion at all. Based on the attorney's affidavit, which I did not oppose, because I thought that it was unseemly to have a battle of affidavits about what was or was not said between attorneys, the default judgment was set aside. I did not seek appellate review of that decision; ultimately, my client prevailed on the merits. I was distressed that opposing counsel thought that I would seek a default judgment without first notifying him, had opposing counsel notified me that he was representing the defendant. I felt that my civility had been attacked. *Page 420

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9934049. Public record. Not legal advice.