Waldron v. Fikes

This is an appeal from the denial by the trial court of appellant's Motion for Relief from Judgment filed pursuant to Rule 60 (b) of the Rules of Civil Procedure. The sole issue presented is whether the trial court erred in denying the motion without a hearing where a written request for a hearing had been made.

A motion filed under Rule 60 (b) addresses itself to the discretion of the trial court. The ruling of the trial court in regard to such motion will not be reversed except for abuse of discretion. Clark v. Clark, 356 So.2d 1208 (Ala.Civ.App. 1978);Pace v. Jordan, 348 So.2d 1061…