EX PARTE STATE EX REL. SMITH

Civ. 6639.

540 So.2d 69 (1989)

Ex Parte STATE of Alabama ex rel. Anna Marie SMITH. (Re: STATE of Alabama ex rel. Anna Marie SMITH v. Willie James THOMAS).

Court of Civil Appeals of Alabama.

January 4, 1989.


Attorney(s) appearing for the Case

William Prendergast and Lois Brasfield, Asst. Attys. Gen., for petitioner.

Houston L. Brown, Birmingham, for respondent.


HOLMES, Judge.

This is a petition for a writ of mandamus.

In October 1986 the family court determined Willie James Thomas to be the father of Jessica Wyoma Smith. No appeal was taken from this order.

In October 1987 Thomas filed in the family court a motion under Rule 60(b), Alabama Rules of Civil Procedure, to set aside the prior judgment, alleging that he was not represented by counsel at the paternity proceeding and that he had newly discovered...

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