R.D.B. v. STATE

AV93000169.

680 So.2d 870 (1994)

R.D.B., Jr. v. STATE DEPARTMENT OF HUMAN RESOURCES ex rel. R.A.P.B.

Court of Civil Appeals of Alabama.

Rehearing Denied February 3, 1995.


Attorney(s) appearing for the Case

Gene Spencer of Byrd & Spencer, Dothan, for appellant.

William Prendergast and Lois Brasfield, Asst. Attys. Gen., Dept. of Human Resources, for appellee.


YATES, Judge.

R.D.B., Jr., appeals from a default judgment entered on July 30, 1993, declaring that he was the father of a certain minor child and ordering him to pay child support. R.D.B., Jr., moved for relief from the judgment under Rule 60(b)(6), Ala.R.Civ.P.; the trial court denied the motion. R.D.B., Jr., appeals and we reverse and remand.

We recognize that a ruling on a Rule 60(b) motion falls within the judicial discretion of the trial court, and this...

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