Murray v. Dempsey

L. CHARLES WRIGHT, Retired Appellate Judge.

The Murrays appeal from the denial of a Rule 60(b), Alabama Rules of Civil Procedure, motion for relief from judgment. This is the second appeal of this case; for pertinent facts and the prior adjudication refer to Murray v. Dempsey, 521 So.2d 1345 (Ala.Civ.App.1988).

The Murrays sought relief from the prior judgment by filing their Rule 60(b)(2) motion, asserting, essentially, newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b). After an ore tenus proceeding the trial court…