Supreme Court of Alabama

Jean S. Gray v. Larry O. Bain and Sharon Johnston

September 26, 20142014 Ala. LEXIS 151

Summary

The court held that the trial court improperly granted relief under Rule 60(b) from a settlement agreement because Bain and Johnston's misunderstanding of the agreed boundary was a unilateral mistake, not a mutual mistake, fraud, or misrepresentation. The parties had confirmed the settlement in open court, and the agreement was memorialized in a final judgment. The court therefore reversed the Rule 60(b) order, set aside the subsequent merits judgment, and remanded with instructions to reinstate the settlement judgment.