Marsh v. Marsh

This is an appeal from denial of relief under Alabama Rules of Civil Procedure Rule 60. We affirm.

Judgment modifying a prior divorce decree was entered upon stipulation of the parties and counsel. The fifth and next to last paragraph of the judgment contained an award of $2,500 to the former wife as a reasonable attorney fee. Thirty days after the judgment, the former husband and petitioner for the modification filed motion for new trial. That motion was never set for hearing nor ruled upon. Under Rule 59.1, ARCP, the motion was deemed denied upon expiration of 90 days from filing. No appeal…