Narrative Opinion Summary
Appeal number 1981307 is dismissed, as a Rule 60(b) motion under Ala.R.Civ.P. is not subject to appeal, referencing Ex parte Short, 434 So.2d 728 (Ala. 1983). The petition for a writ of mandamus is denied, with the Court finding that the circuit court did not abuse its discretion in granting relief, in accordance with Rule 53(a)(1) and 53(a)(2)(F. Ala.R.App.P.). Appeal number 1921850 is rendered moot due to the approval of the Rule 60(b)(6) motion and the denial of the mandamus petition. The appeals are dismissed as moot, and the writ is denied. Justices ALMON, SHORES, HOUSTON, INGRAM, and BUTTS concur.
Legal Issues Addressed
Discretion of Circuit Court in Granting Reliefsubscribe to see similar legal issues
Application: The court found that the circuit court did not abuse its discretion when it granted relief, thus denying the petition for a writ of mandamus.
Reasoning: The petition for a writ of mandamus is denied, with the Court finding that the circuit court did not abuse its discretion in granting relief, in accordance with Rule 53(a)(1) and 53(a)(2)(F. Ala.R.App.P.).
Mootness of Appeals upon Granting of Rule 60(b)(6) Motionsubscribe to see similar legal issues
Application: The approval of the Rule 60(b)(6) motion rendered appeal number 1921850 moot, leading to its dismissal.
Reasoning: Appeal number 1921850 is rendered moot due to the approval of the Rule 60(b)(6) motion and the denial of the mandamus petition.
Non-Appealability of Rule 60(b) Motions under Ala.R.Civ.P.subscribe to see similar legal issues
Application: The court determined that a Rule 60(b) motion cannot be appealed, leading to the dismissal of appeal number 1981307.
Reasoning: Appeal number 1981307 is dismissed, as a Rule 60(b) motion under Ala.R.Civ.P. is not subject to appeal, referencing Ex parte Short, 434 So.2d 728 (Ala. 1983).