Pace v. City of Birmingham

Supreme Court of Alabama

Pace v. City of Birmingham

540 So. 2d 720, 1989 Ala. LEXIS 27, 1989 WL 7254

CourtSupreme Court of Alabama

DecidedJanuary 13, 1989

Docket87-1510-M

StatusPublished

This text of 540 So. 2d 720 (Pace v. City of Birmingham) 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.

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Pace v. City of Birmingham, 540 So. 2d 720, 1989 Ala. LEXIS 27, 1989 WL 7254 (Ala. 1989).

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Opinion

HOUSTON, Justice.

Having reviewed the record, this Court concludes that the trial court did not abuse its discretion in granting the City of Birmingham’s Rule 60(b)(6), A.R.Civ.P., motion to set aside the judgment that had previously been entered for Robert C. Pace, Jr., and in entering a judgment for the city. For these reasons, the writ is denied. See Textron, Inc. v. Whitfield, 380 So.2d 259 (Ala.1979). See, also, Adams v. Farlow, 516 So.2d 528, 557 (Ala.1987), cert. denied sub nom. Board of Operatives of the American Cast Iron Pipe Co. v. Board of Management of the American Cast Iron Pipe Co., — U.S. -, 108 S.Ct. 1477, 99 L.Ed.2d 705 (1988).

WRIT DENIED.

TORBERT, C.J., and MADDOX, ALMON and BEATTY, JJ., concur.

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HOUSTON, Justice.

Having reviewed the record, this Court concludes that the trial court did not abuse its discretion in granting the City of Birmingham’s Rule 60(b)(6), A.R.Civ.P., motion to set aside the judgment that had previously been entered for Robert C. Pace, Jr., and in entering a judgment for the city. For these reasons, the writ is denied. See Textron, Inc. v. Whitfield, 380 So.2d 259 (Ala.1979). See, also, Adams v. Farlow, 516 So.2d 528, 557 (Ala.1987), cert. denied sub nom. Board of Operatives of the American Cast Iron Pipe Co. v. Board of Management of the American Cast Iron Pipe Co., — U.S. -, 108 S.Ct. 1477, 99 L.Ed.2d 705 (1988).

WRIT DENIED.

TORBERT, C.J., and MADDOX, ALMON and BEATTY, JJ., concur.

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540 So. 2d 720, 1989 Ala. LEXIS 27, 1989 WL 7254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pace-v-city-of-birmingham-ala-1989.

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