Ezell v. Lawless

LEVY, J„

with whom SAUFLEY, C.J., joins, concurring.

[¶ 34] I write separately to address Lawless’s contention that she is entitled to Rule 60(b)(6) relief because the magistrate applied the wrong legal standard by basing the 2006 parental rights order solely on Lawless’s failure to appear, and not on a determination of the best interest of the child. In response to Lawless’s motion seeking post-judgment relief, Ezell argued that the magistrate was not required to consider the child’s best interest when he entered the 2006 parental rights order: “[0]n the issue of the default, clearly [the…