Wood v. Wade
Wood v. Wade
Opinion
This is an appeal from a denial of the plaintiffs' Rule 60(b)(6), Ala.R.Civ.P., motion. We affirm.
On May 19, 1999, Harper and Moore became the attorneys of record for Wade, and in September 2000, they withdrew as *Page 911 attorneys for Taco Mac.2 Moore remained as attorney for Wade. However, after September 2000, the Jefferson Circuit clerk's office erroneously listed Wade as a pro se defendant; as a result, Moore received no further correspondence from the court regarding the case.
Trial was set for February 12, 2001, but neither Wade nor Taco Mac appeared for trial. Default judgments were entered against both of them. After a hearing, the trial court on March 20, 2001, entered a judgment against Wade and Taco Mac and damages of approximately $600,000 were awarded against them jointly and severally.
On September 26, 2001, Moore (Wade's attorney) and Liddon (Wood and Witt's attorney) jointly filed a Rule 60(b), Ala.R.Civ.P., postjudgment motion to set aside the default judgment against Wade.3 On that same day, the trial court granted the motion and dismissed Wade from the action with prejudice. Thus, after September 2001, the only judgment debtor was Taco Mac.
On December 21, 2001, D. Benjamin Traylor became Wood and Witt's attorney of record. On December 28, 2001, Traylor filed a "Verified Motion For Relief Under Rule 60(b)" to have the September 26, 2001, order on the joint Rule 60(b) motion set aside, in effect seeking to have Wade reinstated as a defendant and the default judgment against him reentered. The court denied this second Rule 60(b) motion on March 4, 2002.4 In denying the motion, the court stated:
"The Court notes that confusion existed in this case due to the withdrawal of an attorney for the Defendants [Harper and Moore's withdrawing as Taco Mac's attorneys] and a change of attorneys representing the Plaintiffs [Traylor's replacing Liddon and Johnson]. In its order of March 20, 2001, a Default Judgment was entered against [Wade]. On September 26, 2001, on motion of *Page 912 [Moore], Wade's attorney and [Liddon], the original attorney for the Plaintiffs, requested the Court to set aside its Judgment against Wade. Pursuant to such motion the Court entered an order on September 26, 2001, setting aside the Judgment against [Wade] and dismissing claims against him with prejudice. On January 30, 2002, the Court heard arguments on the Plaintiff's 60(b) motion and the Court determined that Attorneys Moore and Liddon had previously agreed as a trial tactic to use Mr. Wade as a witness and to dismiss claims against him."
Wood and Witt appeal from the denial of their second Rule 60(b)(6) motion.
The proper means of contesting a denial of a Rule 60(b) motion is by direct appeal. See Ex parte Vaughan,
The September 26, 2001, motion to set aside the default judgment against Wade and to dismiss him from the action was a joint motion (i.e., filed by both parties) that was ruled on in favor of both partes — the defendant and the plaintiffs. It is well established that only adverse rulings by the trial court are appealable. Nash v. Cosby,
Therefore, the issue of the correctness of the September 26, 2001, order is not properly before this Court.
Rule 60(b)(6) is an extreme remedy and relief under Rule 60(b)(6) will be granted only "in unique situations where a party can show exceptional circumstances sufficient to entitle him to relief." Nowlin v. Druid CityHosp. Bd.,
Wood and Witt argue that the trial court erred in denying their Rule 60(b)(6) motion, which sought the vacatur of the court's September 26, 2001, order. Wood and Witt contend that the court erred in setting aside the default judgment against Wade in its September 26, 2001, order. However, this Court will look only to the correctness of the March 4, 2002, order denying Wood and Witt's Rule 60(b)(6) motion. We believe the denial of that motion was not an abuse of discretion. Wood and Witt have shown no "exceptional circumstances" which entitle them to relief under Rule 60(b)(6). Nowlin, 475 So.2d at 471.
Moreover, this Court cannot say that the trial court abused its discretion in denying Wood and Witt relief from the September 26, 2001, order, which was procured through a motion Wood and Witt themselves freely and deliberately sought.
Therefore, we affirm the trial court's March 4, 2002, order denying Wood and Witt's Rule 60(b) motion.
AFFIRMED.
Moore, C.J., and Lyons, Johnstone, and Woodall, JJ., concur.
As a result of the addition of those new defendants, the clerk of the Supreme Court of Alabama issued an order on July 19, 2002, instructing the trial court, among other things, to make the March 20, 2001, default judgment and the September 26, 2001, order granting the Rule 60(b) motion final pursuant to Rule 54(b), Ala.R.Civ.P. The trial court complied with this order on July 29, 2002. However, both orders were already final judgments because, at the time they were entered, Wade and Taco Mac were the only defendants.
Reference
- Full Case Name
- Claude Wood v. James Wendall Wade
- Cited By
- 14 cases
- Status
- Published