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767 So. 2d 354

Davis v. Davis

Court of Civil Appeals of Alabama

Decided April 7, 2000

Court of Civil Appeals of Alabama · decided 2000-04-07

Cited by 2 later decisions — most recently September 2015

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2000-04-07

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ROBERTSON, Presiding Judge,

¶1dissenting.

¶2Rule 60(b)(1), Ala.R.Civ.P., specifically permits a court to relieve a party from a final judgment because of a “mistake.” Here, the father alleged, both in his original and his amended motion for relief from judgment, that the trial court made a mistake in calculating his child-support obligation. While the father might also have sought relief under Rule 59, Ala.R.Civ.P., the relief requested is precisely what Rule 60(b) also allows. Because I would not *356dismiss the father’s appeal, but would reach the merits, I respectfully dissent.

¶3Yates, J., concurs.

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