Timeliness Of Appeal From District Court Judgment - Modi V. Johnson
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By
Cunningham Bounds LLC
Modi v. Johnson, [Ms. 2160072, Feb. 17, 2017] __ So. 3d __ (Ala. Civ. App. 2017). Citing
Croskey v. Crawford, 177 So. 3d 468 (Ala. Civ. App. 2014) and
McCaskill v. McCaskill, 111 So. 3d 736 (Ala. Civ. App. 2012), the Court of Civil Appeals holds
that an appeal from a district court judgment concerning a request for
imposition of a garnishment was untimely because it was not filed “within
14 days from the date of the judgment or the denial of a post-trial motion,
whichever is later” as required by § 12-12-70(a), Ala. Code
1975. Though the district court purported to make rulings beyond the 14-day
period provided by § 12-20-70(a), those rulings were nullified. Ms.
*5, citing
Moragne v. Moragne, 888 So. 2d 1280 (Ala. Civ. App. 2004). Further, to the extent the circuit
court ruled on the merits in the case untimely appealed to that court,
the circuit court’s judgment was void. Ms. *6, citing
Colburn v. Colburn, 14 So. 3d 176 (Ala. Civ. App. 2009).
