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Appellate Law

: Alabama Appellate Watch

Rule 60(b)(5) Motion Cannot Be Used As Substitute For Appeal

In NHS Management, LLC v. Wright, [Ms. 2071129] (May 29, 2006), the Court of Civil Appeals reversed the trial court's granting of a Rule 60(b)(5) motion for relief from judgment due to an alleged change in the law because the Rule 60(b)(5) motion was being used as a substitute for an appeal.The trial court granted the defendant's motion to compel arbitration for claims of negligence and assault occurring at a nursing home.  The plaintiff did not appeal.  Before the time to appeal read more

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Full post as published by Alabama Appellate Watch on June 05, 2009 (boomark / email).

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