“No Bright Line” Determines When Mandamus Will Be Treated As Appeal; Late “Enlargement” of Judgment Was Not “Correction” Under Rule 60(a)

The Court of Civil Appeals treated a petition for mandamus as an appeal from the denial of a Rule 60(b)(4) motion for relief from a void order. Weaver v. Weaver, No. 2070778 (Ala. Civ. App. Sept. 26, 2008). Moreover, the trial court’s late attempt to substantively revise its earlier judgment was not a clerical “correction” under Rule 60(a) that could be made after the time for ruling on post-judgment motions had expired.

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