Snowden v. United Steelworkers of America

The issue presented is whether Rule 60 (b)(6), Ala.R.Civ.P., can be used to set aside an order because the circuit clerk failed to send notice of the entry of the order as required by Rule 77, Ala.R.Civ.P.

The relevant facts are:

This case was tried before a jury and, following an unfavorable verdict, Bessie Snowden, plaintiff-appellant, timely filed a motion for a new trial, which was argued before Judge Wilson Hayes on December 29, 1981. Although Judge Hayes did not announce a decision on the motion at the hearing, he denied the motion on the same day, and made a handwritten notation on the…