Rule 60 Motions Not Subject to Rule 59.1 Deadlines

In  Rhodes v. Rhodes, [Ms. 2070972] (Ala. Civ. App. July 24, 2009), the Court of Civil Appeals dismissed an appeal in part because the trial court never ruled on the Rule 60 motion from which review was sought.  Rule 60 motions are not denied by operation of law after 90 days pursuant to Rule 59.1. Therefore, the motion was still pending and there was not a final order for purposes of appeal.

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