for Publication April 28, 2016.
from Cullman Circuit Court. (DR-96-667). Trial Judge: Wells
R. Turner III.
Lynn Cloud, Appellant, Pro se.
Judge. Thompson, P.J., and Pittman and Moore, JJ., concur.
Thomas, J., recuses herself.
there is no time limitation to file a motion under Rule
60(b)(4), Ala. R. Civ. P., seeking relief from a purportedly
void judgment, a party who does not
appeal from the denial of the motion cannot file a successive
Rule 60(b)(4) motion seeking the same relief.
Lynn Cloud (" the husband" ) appeals from the order
of the Cullman Circuit Court (" the trial court" )
denying his Rule 60(b)(4) motion to set aside a
order entered against him in 1996 in favor of Glenda Sue
Cloud (" the wife" ). We dismiss the appeal.
wife filed a complaint for a divorce in the trial court on
November 16, 1996. The divorce was assigned case no.
DR-96-667. Contemporaneous with the filing of the complaint,
the wife filed a request for injunctive relief to restrain
the husband from physically abusing the wife and a petition
for relief pursuant to the Protection from Abuse Act ("
the PFAA" ), § 30-5-1 et seq., Ala. Code 1975, as
that act existed in 1996. Both the request for injunctive
relief and the petition for protection from abuse alleged
that the husband had harassed and physically abused the wife
in the presence of the parties' three minor children. On
November 19, 1996, the trial court granted the wife's
request for protection from abuse, stating in its order that
the husband was:
" 1. Enjoined from threatening to commit or committing
acts of abuse, as defined in the [PFAA] against the [wife] or
the minor children, and any designated family or household
" 2. Prohibited from harassing, annoying, telephoning,
contacting, or otherwise communicating, directly or
indirectly, with ...