Bargaintown Homes v. Crestpointe Financial Services, Inc.

RICHARD L. HOLMES, Retired Appellate Judge.

This is an appeal from the trial court’s denial of a Rule 60(b), A.R.Civ.P., motion.

At the outset we note that the issue on appeal from the denial of a Rule 60(b) motion is not the correctness of the underlying judgment, but whether the denial of the motion is an abuse of discretion on the part of the trial court. Ex parte Morton, 403 So.2d 235 (Ala.1981); Marsh v. Marsh, 338 So.2d 422 (Ala.Civ.App.1976). Further, it is well settled that a Rule 60(b) motion cannot be used as a substitute for an appeal. Pitts v. Henley, 384 So.2d 1105…