Legal Opinion · Dissent

K.M.D. v. T.N.B.

Court of Civil Appeals of Alabama

Decided January 13, 2017No. 2150829Published

1DissentThomas, Judge

I agree with the main opinion that, for the reasons stated, the letter filed in .the Montgomery Juvenile Court on June 28, 2016, by T.N.B. (“the father”) was neither a timely postjudgmént motion nor a Rule 60(b), Ala. R. Civ. P., motion regarding the juvenile court’s May 17, 2016, order 'requiring the father to pay the attorney fees of K.M.D. (“the adoptive mother”). I, like the main opinion, also recognize that “Rule 60(b) requires that a party move for relief from a'judgment, and does not provide'for sua sponte i’elief by the trial court.” Ex parte P&H Constr. Co., 723 So.2d 45, 49 (Ala.…

2Cases cited7 opinions

  1. United States v. Samuel Pauley John Horvath, Alice Pauley Joseph MorrisonCourt of Appeals for the Sixth Circuit · 2003
  2. Cornelius v. GreenSupreme Court of Alabama · 1985
  3. Pierce v. American General Finance, Inc.Supreme Court of Alabama · 2008
  4. Ennis v. KittleCourt of Civil Appeals of Alabama · 1999
  5. Bearden v. DiGeronimoCourt of Civil Appeals of Alabama · 2015

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