Brooks v. Brooks

This appeal arises from motions filed by the wife pursuant to Rule 60 (b)(4) of the Alabama Rules of Civil Procedure to vacate the parties' divorce decree and a subsequent order pertaining to the temporary custody of the parties' minor son.

Following an ore tenus hearing, the trial court denied the 60 (b)(4) motions and upheld both the divorce decree and the temporary custody order. The wife appeals. We affirm.

The decision of whether to grant or deny a Rule 60 (b) motion falls within the discretion of the trial court, and that decision will not be set aside on appeal unless an abuse of that…