Wright. v. City of Mobile

On Application for Rehearing

MOORE, Judge.

Thirty years ago, our supreme court stated as follows:

“The denial of a motion under Rule 59 or Rule 60[, Ala. R. Civ. P.,] is usually appealable. That avenue,' then, should be pursued by an aggrieved party. A motion to reconsider cannot be used’as a substitute for an appeal. See, Pace v. Jordan, 348 So.2d 1061 (Ala.Civ.App.1977), cert. denied, 348 So.2d 1065 (Ala.1977). This Court has been presented from time to time several instances when losing parties have attempted to get trial judges to reconsider action taken on their post-judgment motions. Most…