City of Birmingham v. Alexander

I fully concur in the. main opinion. I write separately to comment further upon what distinguishes this case from NHS Management, LLC v. Wright, 24 So.3d 1153 (Ala.Civ.App.2009). As the main opinion indicates, in NHS no appeal was *1206taken. Consequently, the trial court’s appealable order in NHS became final and took on a res judicata effect.2

In contrast, the case before us does not involve a final judgment with res judicata effect because the judgment at issue was timely appealed before it took on that character. This fact makes a post-judgment Rule 60(b)(5), Ala. R. Civ. P., motion inapposite,…