Fred W. Suggs, Jr., as Personal Representative of the Estate of Frances W. Gray v. Elizabeth R. Gray, as Personal…

Summary

The court held that the Rule 60(b)(4) motion was timely because it challenged final judgments as void, notwithstanding that the jurisdictional issue had previously been raised in a motion to dismiss. The circuit court had subject-matter jurisdiction over the declaratory-judgment dispute concerning disbursement of sale proceeds held in the law firm's trust account, but it lacked jurisdiction over separate estate assets within the probate court's jurisdiction. The court therefore affirmed the judgment concerning the trust-account proceeds and vacated the judgments concerning the certificates of deposit and diamond necklace.