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

Supreme Court of Alabama·Decided January 13, 1989·No. 87-1510-M·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

540 So. 2d 720 (Pace v. City of Birmingham) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related