In an action on account against a municipality for its failure to pay for the materials it received on credit, the municipality agreed to the entry of a Consent Judgment. The municipality failed to satisfy the judgment, and Mr. Morris and Ms. Cozart took action to enforce the judgment against the municipality and collect. In response, the municipality filed a Motion to Set Aside any Judgement Associated with Said Cause and a Motion to Dismiss arguing that the contract with the client was statutorily void due to a lack of approval by the city council. The Motions were denied by the trial court, and the municipality appealed. In their brief in response to the appeal, Mr. Morris and Ms. Cozart argued that the Appeals Court lacked jurisdiction because the Notice of Appeal was not timely filed, and that the Consent Judgment, which was signed by the municipality’s then attorney and mayor, could not be set aside due to the municipality’s failure to state any legal basis for it, such as want of consent, fraud, collusion or mutual mistake. The Court of Appeals found no error and affirmed the judgment of the trial court.
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