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EX PARTE WALDROP

79-530.

395 So.2d 62 (1981)

Ex parte Byron N. WALDROP (In re: Byron N. WALDROP v. Sherry C. WALDROP).

Supreme Court of Alabama.

Rehearing Denied March 6, 1981.

Attorney(s) appearing for the Case

T. J. Carnes of Carnes & Carnes, Albertville, for appellant.

Stephen R. Arnold of Durward & Arnold, Birmingham, for appellee.

PER CURIAM.

The decision of the Court of Civil Appeals, 395 So.2d 60, is affirmed. However, we cannot agree with statements in the opinion which seem to suggest that under no circumstances may a judgment be set aside after the expiration of three years. As we recently held in Harrison v. Harrison, [MS. October 3, 1980] (Ala.1980), a judgment procured by fraud on the court itself may be set aside by any court, trial or appellate...

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