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STEWART v. STEWART

Civ. 2393.

392 So.2d 1194 (1980)

James K. STEWART v. Kimberly Y. STEWART.

Court of Civil Appeals of Alabama.

Rehearing Denied December 17, 1980.

Attorney(s) appearing for the Case

James M. Prestwood, Andalusia, for appellant.

Earl V. Johnson, Andalusia, for appellee.

EDWARD N. SCRUGGS, Retired Circuit Judge.

On April 23, 1980, the defendant (appellant) filed what we determine to be an independent action under rule 60(b), ARCP, to be relieved from the payment of child support because of an alleged fraud upon the court. Since it was filed more than four months after the judgment, it cannot be construed to be a rule 60(b)(3) motion. Brown v. Kingsbury Mortgage Co., Ala.,

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