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 court granted J & M Movers' petition for a writ of mandamus and directed the trial court to vacate its order reinstating J & M as a defendant. The Brewers' allegations fell within the specific grounds in Rule 60(b)(1), (2), or (3), not the catchall provision in Rule 60(b)(6), and their motion was filed more than two years after the dismissal, beyond the applicable four-month limit. The trial court also lacked jurisdiction to treat the motion as an independent action because the Brewers did not pay a filing fee. No separate opinions were filed.