Brice v. Brice

This is a petition for the modification of a divorce decree. Two basic issues are presented: First, whether the Court of Civil Appeals, 58 Ala. App. ___, 340 So.2d 788 erred in denying the modification based upon the fact that there had been no material change in the circumstances of the parties since the rendition of the first decree. Second, whether Rule 60 (b)(3) of the Alabama Rules of Civil Procedure applies in this case with its four-month statute of limitations rather than Rule 60 (b)(6), which has a broader statute of limitations.

June Brice, former wife of Donald Brice, filed a…