111 So. 3d 132
Ala. Civ. App.2012Background
- Former husband bought Fort Payne real property at a 1990 land-sale auction during marriage, later claimed ownership with a partner; deed not recorded.
- Divorce occurred in 1996; 1996 divorce judgment treated all title properties as marital, but did not list the subject property.
- In 2006, a newspaper report stated the former husband presented a deed; a deed dated September 10, 1990, conveying a half-interest to the former husband was recorded January 23, 2006.
- Former wife filed Rule 60(b) motion in 2006 seeking partial set-aside or equitable interest in the subject property; husband answered arguing timeliness and lack of fraud upon the court.
- Trial court conducted trial in 2011 (in Etowah County, outside DeKalb), finding fraud and ordering a 50/50 division of the subject property and issuing a deed to the former wife for half of husband’s undivided interest.
- Appellate review dismissed the appeal for lack of jurisdiction due to untimely Rule 60(b) motion; trial court’s August 8, 2011 judgment void for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of Rule 60(b) relief | Bevill argues timely fraud-based relief under Rule 60(b). | McGee contends motion was untimely; not an independent action within three years. | Rule 60(b) motion untimely; appeal dismissed for lack of jurisdiction. |
| Fraud on the court | Bevill asserts former husband’s perjury constitutes fraud on the court. | McGee contends perjury is intrinsic fraud, not fraud on the court. | Perjury did not amount to fraud on the court under applicable precedents. |
Key Cases Cited
- Hall v. Hall, 587 So.2d 1198 (Ala. 1991) (defines fraud on the court as extrinsic fraud; distinguishes from perjury)
- Ex parte Third Generation, Inc., 820 So.2d 89 (Ala. 2001) (perjury is intrinsic fraud under Rule 60(b)(3))
- Brice v. Brice, 340 So.2d 792 (Ala. 1976) (independent-action timing; later Brice interpretation)
- Noll v. Noll, 47 So.3d 275 (Ala. Civ. App. 2010) (trial court lacks jurisdiction to entertain untimely Rule 60(b) motion)
- Throckmorton, 98 U.S. 61 (U.S. 1878) (extrinsic vs intrinsic fraud; limitations on setting aside judgments)
- Imbler v. Pachtman, 424 U.S. 409 (U.S. 1976) (attorney as officer of the court; scope of fraud considerations)