Littlefield v. Cupps

This is an appeal from a judgment granting a Rule 60 (b) motion to set aside a judgment. We affirm.

As a preface to our opinion we explain that the 60 (b) motion was granted upon the ground that the judgment sought to be set aside was void. We have previously said that the granting of a Rule 60 (b) motion is an interlocutory order and not appealable. Sullivan v. Speedway Oil Company, 352 So.2d 1383 (Ala.Civ.App. 1977). However, we consider that when the motion to set aside is granted upon the ground that the original judgment was void for want of jurisdiction or authority, the grant of the…