Ex Parte Robert E. Anderson, M.d., and Selma Doctors Clinic, Pc, D/b/a Selma Doctors Clinic. (in Re Barbara G…

Summary

The court granted Dr. Anderson and Selma Doctors Clinic's petition for a writ of mandamus and directed the trial court to reinstate its prior judgment in their favor. It held that the plaintiff failed to show that the alleged fraud prevented her from fully and fairly presenting her claims because the relevant information was known before trial, the alleged lack-of-surgery theory was not pleaded, and the issue could have been raised in the earlier postjudgment motion. The court therefore concluded that the trial court exceeded its discretion in granting relief under Rule 60(b)(3).