Bartlett v. Unistar Leasing

Full title: Phillip R. Bartlett, a/k/a Phil Bartlett v. Unistar Leasing

Court: Court of Civil Appeals of Alabama

Date published: Jun 24, 2005

No. 2031080 (Ala. Civ. App. Jun. 24, 2005)

Opinion

No. 2031080.

Decided June 24, 2005.

Appeal from Tuscaloosa Circuit Court (CV-04-480), Thomas S. Wilson, Judge.

J. Paul Whitehurst, Northport, for Appellant.

Donald D. Knowlton of Najjar Denaburg, Birmingham, for Appellee.

MURDOCK, Judge.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(F); Rule 59(e), Ala. R. Civ. P.; Rule 59.1, Ala. R. Civ. P.; Rule 60(b)(4), Ala. R. Civ. P.; Ex parte Lyon Financial Servs., Inc., 775 So.2d 181, 183 (Ala. 2000); and Littlefield v. Cupps, 371 So.2d 51, 52 (Ala.Civ.App. 1979).

Crawley, P.J., and Pittman, J., concur.

Thompson, J., concurs specially, with opinion joined by Bryan, J.

THOMPSON, Judge, concurring specially.

Our Supreme Court has recognized "that filing a Rule 60(b)[, Ala. R. Civ. P.,] motion is the proper procedure for challenging the validity of a foreign judgment that has been domesticated in Alabama." Ex parte Lyon Fin. Servs., Inc., 775 So.2d 181, 183 (Ala. 2000). Also, a post-judgment motion alleging that a judgment is void for lack of jurisdiction is, in substance, a Rule 60(b) motion. Ex parte R.S.C., 853 So.2d 228, 233 (Ala.Civ.App. 2002). In the instant case, the trial court has yet to rule on Phillip Bartlett's Rule 60(b) motion challenging the jurisdiction of the New York court to enter the judgment that has been domesticated in Alabama and that matter remains pending in the trial court.

Bryan, J., concurs.