Wal-Mart Stores, Inc. v. Green
Wal-Mart Stores, Inc. v. Green
Opinion
Kenneth Green sued his employer, Wal-Mart Stores, Inc., seeking workers' compensation benefits arising out of a 1991 on-the-job injury. The parties entered into a settlement agreement; Green was represented by counsel in negotiating the settlement agreement. On December 15, 1995, the trial court entered a judgment approving the terms of the parties' settlement agreement.
On February 23, 1996, Green filed a motion pursuant to the provisions of §
The parties conducted additional discovery. After receiving additional testimony, the trial court, on March 1, 1999, entered a judgment finding Green permanently and totally disabled and awarding benefits accordingly. Wal-Mart appealed, arguing that the trial court erred in granting Green's Rule 60(b) motion and in setting aside the December 15, 1995, judgment.
Initially, we note that §
In his Rule 60(b) motion, Green asked that the trial court's judgment be set aside on the grounds of "mistake, inadvertence, or excusable neglect, or for any other good reason justifying relief from the operation of [the] judgment." Thus, Green's motion was made pursuant to Rule 60(b)(1) and (6), Ala.R.Civ.P. Whether to grant a Rule 60(b) motion is within the sound discretion of the trial court, and the trial court's ruling in that regard will not be reversed on appeal absent an abuse of discretion. Ex parteWal-Mart Stores, Inc.,
In its order granting Green's Rule 60(b) motion, the trial court made the following findings:
"That counsel for [Green] mistakenly informed [Green] that §
25-5-57 (a)(3)(i), [Ala. Code 1975,] [ a part] of the Alabama Workers' Compensation [Act,] applied to the issues of this case, but in fact this case comes under the [pre-May 19, 1992, version of the Workers' Compensation Act, known before May 19, 1992, as the Workmen's Compensation Act]. That [Green] acted on this advice of counsel and entered into the settlement of his workmen's compensation claim, which was subsequently ratified by the court. That this mistaken belief of counsel and the plaintiff was a mistaken belief that could be prejudicial to [Green] so as to deprive him of a full and fair settlement of his claim as provided by law."
Thus, the trial court granted Green's Rule 60(b) motion on the grounds of "mistake," which is a ground encompassed within Rule 60(b)(1), Ala.R.Civ.P.
We must hold that the trial court erred in determining that Green was entitled to relief under the provisions of Rule 60(b)(1). Green's mistake concerned whether the provisions of §
Green's mistake of law was not an appropriate basis for relief under Rule 60(b)(1). The trial court abused its discretion in granting Green's Rule 60(b) motion on that basis. We therefore reverse the order granting Green's Rule 60(b) motion. On remand, the trial court is instructed to vacate its March 1, 1999, order, and to reinstate its December 15, 1995, judgment approving the parties' settlement agreement.
REVERSED AND REMANDED WITH INSTRUCTIONS.
Robertson, P.J., and Yates, Monroe, and Crawley, JJ., concur.
Reference
- Full Case Name
- Wal-Mart Stores, Inc. v. Kenneth Green.
- Cited By
- 6 cases
- Status
- Published