Rothenburg v. Rothenburg

EDWARD N. SCRUGGS, Retired Circuit Judge.

This is an appeal from a judgment which overruled a former wife’s motion to set aside a divorce judgment under Ruie 60(b), Alabama Rules of Civil Procedure.

Her sole argument on appeal is that it should have been granted by reason of newly discovered evidence. However, a motion which seeks relief from a final judgment upon that particular ground shall be made not more than four months after the judgment was entered. Rule 60(b), A.R.Civ.P.; Giles v. Giles, 404 So.2d 649 (Ala.1981); McSween v. McSween, 366 So.2d 293 (Ala.Civ.App.1979). Since the motion in…