Ex Parte Waldrop

The decision of the Court of Civil Appeals, 395 So.2d 60, is affirmed. However, we cannot agree with statements in the opinion which seem to suggest that under no circumstances may a judgment be set aside after the expiration of three years. As we recently held in Harrison v. Harrison, [MS. October 3, 1980] (Ala. 1980), a judgment procured by fraud on the court itself may be set aside by any court, trial or appellate, on its own motion, even after three years. See, likewise, Hartigan v.Hartigan, 272 Ala. 67, 128 So.2d 725 (1961), and Crisco v.Crisco, 294 Ala. 168, 313 So.2d 529 (1975).

Rule 60…