Ex Parte Mark Price D/b/a J & M Movers (in Re: Lawrence E. Brewer and Margaret Brewer v. Mark Price D/b/a J & M Movers )

Summary

The Alabama Supreme Court granted a writ of mandamus vacating the Perry Circuit Court’s order that had granted the Brewers’ motion for relief from judgment. The Court held that the Brewers’ Rule 60(b)(6) motion was untimely and could not bypass the four‑month limitation for clauses (1)‑(3), and that the trial court lacked jurisdiction to treat the motion as an independent action because the required filing fee was not paid.