T.T. v. K.M.G.

I respectfully dissent from the dismissal of this appeal. Although Rule 60(b), Ala. R. Civ. P., provides that a party may commence an independent action seeking to set aside a judgment for fraud on the court within three years, I cannot agree that T.T.’s motion was anything other than an untimely motion seeking relief from judgment under Rule 60(b). T.T. alleged fraud in his motion; however, he did not allege fraud on the court. Instead, T.T. alleged only that the. underlying judgment was based on “fraudulent evidence and testimony.” Thus, T.T. alleged that the judgment was supported by…