Woodward v. State ex rel. Woodward

RICHARD L. HOLMES, Retired Appellate Judge.

This is an appeal from the trial court’s denial of a Rule 60(b), AR.Civ.P., motion.

At the outset, we note that the issue on appeal from the denial of a Rule 60(b) motion is not the correctness of the underlying judgment, but whether the denial of the motion was an abuse of discretion on the part of the trial court. Ex parte Morton, 403 So.2d 235 (Ala.1981); Marsh v. Marsh, 338 So.2d 422 (Ala.Civ.App.1976).

*212Our review of the record reveals the following: Jo Frances Woodward (aunt), who resides in the state of Ohio, is the maternal aunt of Jennifer Lynn…