Rule 60(b)(1), Ala. R. Civ. P. – Excusable Neglect

Womble v. Collie Moore, III, [Ms. SC-2022-1018, May 19, 2023] __ So. 3d __ (Ala. 2023). The Court (Stewart, J.; Parker, C.J., and Wise, Sellers, and Cook, JJ., concur) affirms the Jefferson Circuit Court’s denial of Gary Womble and Sheila Womble’s Rule 60(b)(1) seeking to set aside a judgment that dismissed their action for failure to prosecute.

Because the Wombles failed to appeal, “the propriety of the trial court’s dismissal judgment is not before us for review. This Court is tasked with determining only whether the Wombles presented sufficient grounds under Rule 60(b)(1) and, as a result, whether the trial court exceeded its discretion in denying the Wombles’ motion.” Ms. **8-9. The Court holds the trial court did not err “in concluding that the Wombles’ failure to appear for trial was not the result of a mistake or inadvertence....” Ms. *11.

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