Court of Civil Appeals of Alabama January 24, 2003, 2010739 (Salvant v. Howell)

MURDOCK, Judge,

concurring specially.

In concurring with both the analysis of and the result reached by the majority, I *124note that this is not a case in which a defendant sought Rule 60(b), Ala. R. Civ. P., relief in the district court based on the principles discussed in Continental Casualty Co. v. Barlar, 55 Ala.App. 441, 316 So.2d 690 (Ala.Civ.App.1975).