Circuit Court Lacked Jurisdiction to Rule On Late 60(b)(1) Motion

A father moved under Rule 60(b) to set aside a child support order that had been entered ten months earlier. Though he specified no specific part of Rule 60(b), his motion could be construed as coming only under Rule 60(b)(1). Such motions must be brought within four months of the challenged order. The circuit court’s ruling on the father’s late motion was jurisdictionally void and would not support an appeal. Noll v. Noll, No. 2080736 (Ala. Civ. App. Jan. 29, 2010).

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