Appeal & Dismissal - Graham v. City of Talladega
Graham v. City of Talladega, [Ms. 2150803, Oct. 28, 2016] __ So. 3d __ (Ala. Civ. App. 2016). The Court of Civil Appeals dismisses an appeal as untimely where the appellant calculated her appeal deadline from the date of dismissal of an amended complaint that she filed without previously obtaining leave of court in conformance with Rule 15(a), Ala. R. Civ. P. (stating that "a party may amend a pleading [after the 42nd day before the first trial setting] only by leave of court, and leave shall be given only upon a showing of good cause"). Because the appellant filed her amended complaint without leave of court after the case had previously been set for trial, the court concludes she "was not entitled to amend her complaint 'without leave of court.'" Ms. *7, citing Image Marketing, Inc. v. Florence Television, L.L.C., 884 So. 2d 822 (Ala. 2003), the court holds that the filing of the amended complaint without leave of court resulted in that amended complaint being a nullity which, accordingly would not support an appeal.
Related Documents: Graham v City of Talledega