Wise v. Louisiana-Pacific Corp.

EDWARD N. SCRUGGS, Retired Circuit Judge.

This is an appeal from a judgment overruling the plaintiff’s motion filed under *1062Rule 60(b)(1) of the Alabama Rules of Civil Procedure.

The plaintiff’s appeal is substantially in the same procedural posture as was the case of Vaughan v. Vaughan, 539 So.2d 1058 (Ala.Civ.App.1988). Since this appeal was timely taken, the defendant’s motion to dismiss the plaintiff’s appeal is overruled. Vaughan, supra.

The denial of a Rule 60(b)(1) motion falls within the judicial discretion of the trial court, and an appellate court is only authorized to disturb the trial…