from Baldwin Juvenile Court. (CS-95-166.05).
Judge. Thompson, P. J., and Pittman, J., concur. Thomas, J.,
dissents, with writing, which Moore, J., joins. Moore, J.,
appeals from an order of the Baldwin Juvenile Court ("
the trial court" ) denying his request for relief from a
judgment pursuant to Rule 60(b)(6), Ala. R. Civ. P. We
dismiss the appeal.
record on appeal is devoid of several relevant pleadings and
other pertinent documentation. Nonetheless, the following
procedural history and facts can be construed from the
limited record. In 1994, T.T. and K.M.G. were divorced by a
judgment of a Georgia court (" the Georgia
judgment" ). At the time the Georgia judgment was
entered, the parties had two minor children. At some point
thereafter, proceedings involving the parties were commenced
in the trial court involving the Georgia judgment. Those
proceedings were assigned case no. CS-95-166. On June 30,
1995, the trial court entered an order in case no. CS-95-166
directing T.T. to pay child support in the amount of $370 per
month beginning on July 1, 1995. In that order, the trial
court also found T.T. to be in arrears on his child-support
obligation in the amount of $328. On the same day, the trial
court entered an income-withholding order directing
T.T.'s employer to deduct the monthly amount of
T.T.'s child-support obligation from T.T.'s income.
undetermined point thereafter, K.M.G. apparently filed a
petition for a finding of contempt against T.T. based on his
alleged failure to pay child support. The proceedings arising
from that petition were docketed as case no. CS-95-166.02. On
January 26, 2004, the trial court entered an order in case
directing T.T. to pay $3,296.08 to purge himself of contempt
April 14, 2004, K.M.G. filed a petition for a finding of
contempt against T.T. and for a modification of the Georgia
judgment. The proceedings arising from that petition were
docketed case no. CS-95-166.03. A notation in the record
indicates that that case was voluntarily dismissed by K.M.G.
on July 20, 2004.
apparently commenced another contempt action at some later
point, which was docketed as case no. CS-95-166.04. On April
18, 2011, the trial court entered a judgment in case no.
CS-95-166.04 stating as follows:
" This cause having come before the Court for the trial
of [K.M.G.'s] Petition for Rule Nisi and Entry of
Judgment on April 8, 2011, and [T.T.] having been personally
served with a Summons and Petition, failing to appear for
trial, and failing to answer or otherwise defend the Petition
for Rule Nisi and Entry of Judgment, and this Court receiving
sworn testimony and exhibits from [K.M.G.], the Court does
" HEREBY ORDER, ADJUDGE AND DECREE as follows:
" 1. Default Judgment is granted in favor of [K.M.G.]
and against [T.T.] in the amount of $171,680.62, which
includes the following amounts: $170,758.97 (child support
arrearage plus interest); $750.00 (reasonable attorney's
fees); and $171.65 (costs of court), for which execution
April 21, 2014, T.T. filed an independent action in the trial
court seeking relief pursuant to Rule 60(b), Ala. R. Civ. P.,
from the April 18, 2011, judgment entered in case no.
CS-96-166.04, and the trial-court clerk docketed that action
as case no. CS-95-166.05. In his request for relief, T.T.
contended that he had been served with the summons and the
contempt petition filed by K.M.G. in case no. CS-95-166.04
but that he did not receive notice of the final hearing held
on April 8, 2011. As a result ...