Lowery v. Lowery

The majority quashes the writ of certiorari as improvidently granted. I must dissent.

As Judge Thigpen wrote in his dissent in this case, the issue on appeal concerns only the denial of a motion made pursuant to Rule 60(b), Ala.R.Civ.P. See Lowery v. Lowery, 664 So.2d 219, 221 (Ala.Civ.App.1994).

The law on this subject is clear. The trial court is granted a presumption of correctness in ruling on a Rule 60(b) motion, and its ruling should not be reversed on appeal absent an abuse of discretion by the trial court. Ex parte W.J., 622 So.2d 358 (Ala.1993). An appeal from the denial of a Rule…