ARBITRATION / APPEALS - BRADY V. ROEBUCK HONDA
In Brady v. Roebuck Honda, [Ms. 2090082, April 2, 2010] __ So.3d __ (Ala. Civ. App. 2010), the Alabama Court of Civil Appeals examined the procedure for appealing arbitration awards. The Court held that, pursuant to Rule 71B, Ala.R.Civ.P., the party seeking to challenge an arbitration award must file an initial notice of appeal to the appropriate circuit court and file a Rule 59 motion to set aside or vacate the judgment to preserve a subsequent appeal. If the aggrieved party then wishes to seek appellate review in the Court of Civil Appeals or the Supreme Court, that party must file a second appeal with that court. Since the appellant did not first file her appeal in the appropriate circuit court, the Court of Civil Appeals transferred the case to that circuit court.