(251) 299-0101

CIVIL PROCEDURE - FAILURE TO PAY FILING FEE IS JURISDICTIONAL - HICKS V. HICKS

Hicks v. Hicks, [Ms. 2110408, Sept. 14, 2012] __ So. 3d __ (Ala. Civ. App. 2012). After a judgment on a boundary line dispute, one of the parties filed a motion for contempt, sanctions, and specific performance. "Both parties agree that a 'contempt action is a separate action requiring the payment of a filing fee.'" The trial court allowed a late payment of the filing fee, but the Court of Civil Appeals "conclude[d] that the lack of subject-matter jurisdiction at the outset of the case could not be cured by the subsequent payment of the filing fee," and dismissed the appeal as from a void judgment. This is a plurality opinion.

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