Estes v. Ashurst

Upon further review of this case, I conclude that Estes’s postjudgment motion following the second order of dismissal can be considered a Rule 60(b)(6), Ala.R.Civ.P., motion and that he is entitled to relief from the judgment. Therefore, I concur in the reversal.

Alspaugh filed a notice of appearance before the first dismissal, but received no notice of that dismissal. Thereafter, all parties, as well as the trial court, treated the case as continuing and prepared for trial. Shortly after the dismissal, in fact, the court notified the parties of a scheduling conference. No one raised the issue…