Opinion

Alexander v. Washington

  • 707 So. 2d 254
  • 1997 Ala. Civ. App. LEXIS 889
  • 1997 WL 694747
Court
Court of Civil Appeals of Alabama
Filed
Nov 7, 1997
Status
Published
Author
Robertson
On the bench
Monroe, Yates, Thompson, Robertson, Crawley
Cited by
3 cases
Authority
More cited than 0.6%

The opinion

ROBERTSON, Presiding Judge,

concurring in the result.

While I cannot agree with the majority that Chambers and Alexander’s amended Rule 60(b) motion requested the trial court, pursuant to Rule 59(e), to alter, amend, or vacate its order denying their initial Rule 60(b) motion from relief from judgment, I agree with the majority that this court nevertheless has jurisdiction to review the trial court’s order denying their amended Rule 60(b) motion in this case. The denial of a second Rule 60(b) motion that states new or additional grounds for relief from a judgment than those stated in a previous Rule 60(b) motion is appealable. See, e.g., Hines v. Seaboard Air Line R.R., 341 F.2d 229 (2d Cir.1965). Therefore, I concur in the result reached by the majority.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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