Bargaintown Homes v. Crestpointe Financial Services, Inc.

When considering a Rule 60(b), Ala.R.Civ. P., motion, a court must balance finality against the need to remedy injustice. See Howell v. D.H. Holmes, Ltd., 420 So.2d 26 (Ala.1982). Rule 60(b) provides:

“On motion and upon such terms as are just, the court may relieve a party ... from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence ...; (3) fraud ..., misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or…