OLDEMOPPEN v. WALTHER BUILDERS

80-215.

402 So.2d 884 (1981)

Lawrence OLDEMOPPEN, and Margeret F. Oldemoppen, jointly and severally v. WALTHER BUILDERS, A Corporation, and William C. Walther, individually, jointly and severally.

Supreme Court of Alabama.

Rehearing Denied July 24, 1981.


Attorney(s) appearing for the Case

Charles C. Partin of Stone, Partin, Granade & Crosby, Bay Minette, for appellants.

No brief for appellees.


PER CURIAM.

Affirmed. The adequacy of damages vel non assessed by a jury verdict and judgment entered thereon is not an available ground for relief under Rule 60(b), ARCP; thus, this post-judgment remedy may not be substituted for a motion for a new trial.

AFFIRMED.

MADDOX, JONES, and SHORES, JJ., concur.

TORBERT, C. J., and BEATTY, J., concur specially.

TORBERT, Chief Justice (concurring specially).

Plaintiffs prevailed...

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