Marshall v. Hicks

LYONS, Justice.

Dean Kenneth Hicks, the defendant in an action arising out of a vehicular accident, has filed a petition for a writ of mandamus requesting that this Court direct the trial court to vacate its order granting a motion filed by the plaintiff, Virginia Gayle Marshall, pursuant to Rule 60(b)(6), Ala. R. Civ. P., for relief from a final judgment in favor of Hicks and reinstating the underlying action to the court’s active docket. We grant the petition and issue the writ.

I. Factual Background and Procedural History

The vehicular accident underlying this action occurred on May 18, 2002.…