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APPELLATE JURISDICTION - RULE 60 MOTION: EX PARTE EUGENE KEELER

Ex parte Eugene Keeler, [Ms. 2170099, Dec. 15, 2017] __ So. 3d __ (Ala. Civ. App. 2017). This unanimous decision by Judge Pittman (Thompson, P.J., and Thomas, Moore, and Donaldson, JJ., concur) issues a writ of mandamus to the Montgomery Circuit Court directing it to vacate its order entered pursuant to Rule 60(b) of the Alabama Rules of Civil Procedure setting aside a default judgment entered against Anderson Automotive.

At the time Anderson Automotive filed its Rule 60(b) motion in the circuit court, its prior appeal to the Court of Civil Appeals was still pending as a certificate of judgment had not yet been entered. The court noted that “‘until an appellate court enters its certificate of judgment, its decision is not yet final and its jurisdiction over a case is not terminated.’” Ms. *8, quoting Landry v. Landry, 91 So. 3d 88, 90 (Ala. Civ. App. 2012). Because the appeal was still pending for the Court of Civil Appeals, it was incumbent upon Anderson Automotive to obtain leave to file a valid motion under Rule 60(b). Because Anderson Automotive did not obtain leave to file that motion, it was invalid “and did not vest the trial court with jurisdiction to rule on it.” Ms. *9.

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