McArdle v. Bromfield

This is an appeal from (1) the denial of a Rule 60(b), Alabama Rules of Civil Procedure, motion for relief from a consent judgment and (2) the assessment of attorney fees pursuant to the Alabama Litigation Accountability Act (statute), Ala. Code (1975), § 12-19-270 et seq. (1986 Repl.Vol.).

Plaintiffs (Bromfields) and defendant-appellant McArdle entered into a settlement agreement concerning the existence and extent of a "road." After reviewing the terms of the agreement in open court, the circuit court entered a "judgment by agreement." Thereafter, McArdle filed a 60(b) motion for relief from…