Worthey v. Worthey

L. CHARLES WRIGHT, Retired Appellate Judge.

The parties were divorced in June 1980. The wife filed a complaint against the husband and First State Bank of Decatur in February 1983. The wife amended her complaint to request that the divorce decree be set aside pursuant to Rule 60(b) of the Alabama Rules of Civil Procedure (A.R. Civ.P.).

This case has been before this court on a previous occasion when the wife appealed from the trial court’s grant of the husband’s motion for summary judgment. Worthey v. Worthey, 491 So.2d 953 (Ala.Civ.App.1986). We found that, because there was a genuine issue of…