Mitchell v. Morgan

BRADLEY, Judge.

This is a paternity case in which the father has sought relief under Rule 60(b), Alabama Rules of Civil Procedure.

In June 1976 the mother, Hazel Butler (now Hazel Butler Morgan), filed a sworn statement in the Family Court of Jefferson County, alleging that James R. Mitchell was the father of her illegitimate child. A warrant was issued and executed in July 1976. At the hearing in August 1976 Mitchell appeared and entered a plea of guilty. The court adjudged Mitchell to be the child’s father and ordered him to pay $15 per week as child support.

In November 1985 Mitchell filed a…