Brown v. Foster

This is the second appeal in this case. See Brown v. Foster,777 So.2d 715 (Ala.Civ.App. 2000) (Brown I). In BrownI, Brown appealed from what he contended was the trial court's erroneous denial of a Rule 60(b), Ala.R.Civ.P., motion. This court dismissed the appeal as not from a final judgment, because the record indicated the trial court had not yet ruled on Brown's motion. While that appeal was pending, the trial court entered an order purporting to deny Brown's Rule 60(b) motion. Brown appealed that order to the supreme court, which transferred the case to this court, pursuant to Ala. Code…