Chambers County Com'rs v. Walker

459 So. 2d 861, 1984 Ala. LEXIS 4697
CourtSupreme Court of Alabama
DecidedOctober 26, 1984
Docket83-508
StatusPublished
Cited by38 cases

This text of 459 So. 2d 861 (Chambers County Com'rs v. Walker) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chambers County Com'rs v. Walker, 459 So. 2d 861, 1984 Ala. LEXIS 4697 (Ala. 1984).

Opinion

459 So.2d 861 (1984)

CHAMBERS COUNTY COMMISSIONERS
v.
Jon Tracy WALKER, et al.

83-508.

Supreme Court of Alabama.

September 28, 1984.
As Modified on Denial of Rehearing October 26, 1984.

*863 Robert M. Girardeau of Huie, Fernambucq & Stewart, Birmingham, for appellant.

W.F. Horsley of Samford, Denson, Horsley, Pettey, Martin & Barrett, Opelika, for appellees.

BEATTY, Justice.

Defendants-intervenors, the Chambers County Commissioners (Commissioners), appeal from the grant of plaintiffs' motion for relief from judgment and the court's dismissal of the first lawsuit arising out of an automobile accident. We reverse and remand.

On February 2, 1979, automobiles driven by Jon Tracy Walker and Steve Lamar Green were involved in a collision around 10:00 p.m. on Chambers County Road 87, near Fairfax, Alabama. Jon Tracy Walker suffered severe injuries in the accident. Both drivers were minors at the time.

On February 4, 1980, Jon Tracy Walker, suing through his parents, Johnny M. and Barbara L. Walker, and joined by his parents suing individually, brought an action against defendants Steve Lamar Green and his father, William T. Green. In their complaint, plaintiffs alleged negligent and wanton conduct on the part of Steve Lamar Green; however, they did not state a cause of action against William T. Green, although plaintiffs alleged he was the "owner of the vehicle operated by Steve Lamar Green" and demanded "judgment against the Defendants."

Several events and transactions concerning this first lawsuit occurred on March 28, 1980: plaintiffs' counsel was appointed guardian ad litem for Jon Tracy Walker; a settlement agreement was reached between the parties; and a release in full was executed. After a pro ami hearing, a judgment based on the settlement agreement was also entered on March 28 in favor of the plaintiffs in the amount of $17,331. The record indicates that this amount was paid into court on March 28, 1980, and disbursed on April 16, 1980, in two separate checks: one paid to Johnny Walker and Barbara Lynn Walker in the amount of $7,331, and one paid to Barbara Lynn Walker in the amount of $10,000.

In a second action filed December 18, 1981, against the Commissioners, plaintiffs alleged negligence and wantonness in the county's construction, operation, and maintenance of the intersection near where the automobile accident sub judice occurred. The Commissioners moved for summary judgment in this second action, citing as grounds satisfaction of the prior judgment and the release in full executed by plaintiffs.

Later, on March 28, 1983, pursuant to Rules 54(b) and 60(b)(6), A.R.Civ.P., plaintiffs filed a motion for relief from or revision of the judgment entered in the first action exactly three years earlier on March 28, 1980. Thereafter, on May 11, 1983, the trial court permitted the Commissioners to intervene in the plaintiffs' motion, and, on June 20, 1983, consolidated the first action and the second action for all pre-trial proceedings only.

Following a hearing on September 26, 1983, during which evidence and arguments were presented on both the Commissioners' motion for summary judgment in the second action and plaintiffs' motion for relief from or revision of the judgment in the first action, the trial court granted plaintiffs' motion by the following order entered January 24, 1984:

"ORDER GRANTING RELIEF FROM JUDGMENT AND DISMISSING CASE
"On March 28, 1983, plaintiffs filed their Motion for Relief from Judgment. On September 26, 1983, the Court heard the evidence and oral arguments of the attorneys. The Court has considered the evidence, arguments of the attorneys, *864 and the Briefs filed by the attorneys. The Court is of the opinion, and so finds, that the plaintiffs are entitled to relief from the Judgment entered in this case on March 28, 1980.
"It is, therefore, ORDERED, ADJUDGED AND DECREED as follows:
"1. The Judgment entered in this case on March 28, 1980, is hereby vacated, set aside, and annulled;
"2. The purported satisfaction of the Judgment of March 28, 1980, is hereby vacated, set aside, and annulled;
"3. This case is hereby dismissed without prejudice."

From this, we may assume that the trial court also entered an order denying the Commissioners' summary judgment motion, although an order to that effect is not contained in the record on appeal. Nevertheless, it is from the grant of plaintiffs' motion that the Commissioners appeal.[1]

The first argument advanced by the Commissioners is that the trial court granted to the plaintiffs Rule 60(b)(6) relief, and, in so doing, abused its discretion, because the grounds set forth by plaintiffs fall not under Rule 60(b)(6) but under Rule 60(b)(1), which carries with it a four-month time limitation. Rule 60(b), in pertinent part, is set forth below:

"On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect ... or (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than four months after the judgment, order, or proceeding was entered or taken...."

In their motion for relief under Rule 60(b)(6), plaintiffs alleged the following grounds:

"2. Plaintiff's attorney ... informed Plaintiff that judgment in the above styled action would not prevent an action against Chambers County or the Chambers County Commission.
"3. That plaintiff, his attorney, the attorney for Defendants, and the Judge presiding over said proceedings, engaged in a discussion whereby Plaintiff was assured that he could proceed in this cause with an action against Chambers County and the Chambers County Commission arising out of the same facts as the instant action.
"4. None of the parties involved in the above styled case intended or perceived that a judgment in the same would bar an action against Chambers County or the Chambers County Commission.
"5. All Plaintiffs in the above styled action were advised and informed that a judgment in said case would not preclude an action against Chambers County and Chambers County Commission or they would not have consented to judgment in this cause.
"6. Plaintiff Jon T. Walker suffered injuries and damages that result in the accident giving rise to this suit so that to make it obvious that the sum received in this particular action to be full compensation for all injuries received by Plaintiff and Plaintiffs request leave of court to present evidence at a hearing in this cause [sic].
"7. Jon T. Walker was, at the time of the Court's order, a minor who was suffering from numerous disabilities and his right to a suit against Chambers County and Chambers County Commission were not adequately protected."

We agree with the Commissioners in their contention that the grounds set forth *865 above, under Rule 60(b), except paragraph number six, amount to a claim of mistake and/or inadvertence on the part of plaintiffs' counsel as to the effect the settlement, release, and judgment in the first action would have on any subsequent suit plaintiffs sought to maintain against the Commissioners.

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Bluebook (online)
459 So. 2d 861, 1984 Ala. LEXIS 4697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chambers-county-comrs-v-walker-ala-1984.