Ketchum, Justice, concurring:
I concur completely with the majority opinion. I write to express my concern that Rule 60(b)(4) requires that a motion to set aside a void judgment must be filed within a reasonable period of time after entry of the void judgment.
What is a reasonable period of time? If a defendant learns 10 years later that a void judgment has been entered against him or her, is it too late to set aside the void judgment under Rule 60(b)(4)? What constitutes a reasonable time is not subject to precise definition. Savas v. Savas, 181 W.Va. 316, 319 n. 2, 382 S.E.2d 510, 513 n. 2 (1989) (The term reasonable time is not susceptible of a precise definition). Different circuit judges will apply different definitions to the term reasonable time.
There should be no time limit to set aside a void judgment. Once void, always void. Although Rule 60(b) indicates that relief from a judgment may also be sought through an independent action, Rule 60(b) should be amended to eliminate any time limit for setting aside a judgment that is void.
I, therefore, concur in the decision of this Court.
I am authorized to state that Justice Workman joins me in this concurrence.