Appellate Law

Rule 60(b) Motion May Only Be Granted Where Movant Alleges and Proves a Ground Set Forth in the Rule

In Jefferson County Board of Health v. Birmingham Hide & Tallow Company, Inc., [Ms. 1080847] (Ala. Sept. 11, 2009), the Supreme Court reversed the granting of a Rule 60(b) motion for relief from judgment.  The motion in the trial court neither specified which subsection of the rule the motion was made, nor did it explain why relief was justified under the rule.  The Supreme Court held that the movant must offer evidence supporting a ground under Rule 60 and, because the movant failed to do so, the trial court exceeded its discretion in granting the motion.

Full post as published by Alabama Appellate Watch on September 25, 2009 (boomark / email).