Oldemoppen v. Walther Builders

402 So. 2d 884, 1981 Ala. LEXIS 3585

Opinions

PER CURIAM.

Affirmed. The adequacy of damages vel non assessed by a jury verdict and judgment entered thereon is not an available ground for relief under Rule 60(b), ARCP; thus, this post-judgment remedy may not be substituted for a motion for a new trial.

AFFIRMED.

MADDOX, JONES, and SHORES, JJ., concur. TORBERT, C. J., and BEATTY, J., concur specially.