Successive 60(b) Motions Not Allowed

The circuit court denied a plaintiff’s Rule 60(b) motion. The plaintiff then filed a second, “identical” Rule 60(b) motion. The circuit court correctly recognized that it had no jurisdiction to entertain the second motion. Barnes v. Alternative Capital Source, LLC, No. 2081103 (Ala. Civ. App. Jan. 29, 2010).

This concise opinion presents a string of postjudgment filing dates. Its upshot is that successive postjudgment motions under Rule 60(b), by the same party on the same grounds, are not allowed.  This is the oft-repeated rule that “motions to reconsider” Rule 60(b) motions are not recognized; so that once a trial court denies a 60(b) plea, it cannot hear a second one by the same party. The circuit court in this case was affirmed for deciding, under Rule 60(b)(4), that it lacked jurisdiction to hear a repeat 60(b) motion.

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