Malloy v. Sullivan

This is the fourth appeal of this case. Malloy v. Sullivan,387 So.2d 169 (Ala. 1980); Malloy v. Sullivan, 415 So.2d 1059 (Ala. 1982); Malloy v. Sullivan, 431 So.2d 514 (Ala. 1983). Malloy is attempting to make a collateral attack on the judgment affirmed in the second appeal. The third appeal also involved an attack on the original judgment, in that case under Rule 60 (b), A.R.Civ.P. In this case Malloy denominates his petition for relief an "independent proceeding against judgment."

The attempted distinction between a Rule 60 (b) motion and an independent proceeding against judgment is…