Synovus Bank v. Tom James Mitchell, D/b/a Mitchell Motors

Summary

The Alabama Supreme Court reversed the trial court’s order denying Synovus Bank’s Rule 60(b) motion, holding that the joint stipulation of dismissal automatically dismissed the action under Rule 41(a)(1) and that the trial court retained jurisdiction to consider a motion to set aside that dismissal. The court remanded for the trial court to adjudicate the merits of the Rule 60(b) motion. Justice Murdoch concurred, emphasizing the limited scope of the appeal.