Timeliness Of Appeal From District Court Judgment - Modi V. Johnson

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).
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