EVANS v. EVANS

Civ. 1563.

365 So.2d 78 (1978)

Paulette Malone EVANS v. O. William EVANS

Court of Civil Appeals of Alabama.

December 6, 1978.


Attorney(s) appearing for the Case

Robert Prince of McDuffie, Holcombe & Prince, Tuscaloosa, for appellant.

Sam M. Phelps of Phelps, Owens, Jenkins & Gibson, Tuscaloosa, for appellee.


WRIGHT, Presiding Judge.

This is an appeal from a grant of summary judgment. We reverse.

The issue is whether the trial court correctly granted motion for summary judgment to defendant as a matter of law upon a Rule 60(b) motion charging fraud because the motion was not filed within four months after judgment.

There was originally a divorce granted upon the petition and testimony of the wife. The judgment for divorce incorporated an agreement of the...

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