No “Exceptional Circumstances” Justified Granting Motion Under Rule 60(b)(6); Appeals Did Not Preclude Timely 60(b)(1) Filing

A father’s error in appealing from a void judgment in a custody dispute did not raise “exceptional circumstances” that would warrant granting his motion under Rule 60(b)(6). Nor did the parties’ cross-appeals prevent the father from filing a timely Rule 60(b)(1) motion. The Court of Civil Appeals denied the father’s application for rehearing, thus affirming the denial of his post-judgment motion. Hobbs v. Heisey, No. 2070085 (Ala. Civ. App. Aug. 29, 2008).

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There Is Generally No “Motion to Reconsider” Post-Judgment Ruling; Failure to Timely Appeal Initial Post-Judgment Order Bars Review

A husband was turned aside where he appealed, not from the denial of his initial post-judgment motion, but from the denial of his (much later) motion to "reconsider” that initial post-judgment disposition. Rorex v. Rorex, No. 2060232 (Ala. Civ. App.) (July 27, 2007). The trial court’s acts after it denied the first post-judgment motion were “void” and would not support an appeal.

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