Supreme Court of Alabama
Homer L. Watson, as Personal Representative of the Estate of Mary Fejeran v. the University of Alabama Health…
April 27, 2018263 So. 3d 1030
Summary
The Supreme Court of Alabama affirmed the circuit court's summary judgment, holding that Homer L. Watson was discharged as the personal representative of Mary Fejeran’s estate and therefore lacked capacity to bring a wrongful‑death action; the probate court’s March 23, 2017 order attempting to clarify the earlier final‑settlement order was void because it was issued beyond the statutory 30‑day amendment period and Rule 60(a) cannot be used to make substantive changes. The Court also clarified that Rule 60(a) is limited to correcting clerical errors.