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ARBITRATION - APPELLATE PROCEDURE - COLONY HOMES, LLC V. ACME BRICK TILE & STONE, INC.

Colony Homes, LLC v. Acme Brick Tile & Stone, Inc., [Ms. 2160209, July 14, 2017] __ So. 3d __ (Ala. Civ. App. 2017). In a unanimous opinion by Judge Pittman (Thompson, P.J., Thomas, Moore, Donaldson, JJ., concur), the court dismisses the appeal in part and affirms the judgment of the trial court. Acme Brick sued Colony Homes for bricks and mortar supplied by Acme. Colony moved to compel arbitration and its motion was denied. Colony did not file a notice of appeal as to the order refusing to compel arbitration within 42 days of its entry. Ms. at *5. Subsequently, the trial court entered summary judgment for Acme on its claims against Colony.

In Colony's appeal, it first argued that the circuit court had erred in refusing to compel arbitration. The court dismissed that appeal as untimely, noting that Rule 4(d) of the Alabama Rules of Appellate Procedure provides:

"An order granting or denying a motion to compel arbitration is appealable as a matter of right, and any appeal from such an order must be taken within 42 days (6 weeks) of the date of the entry of the order, or within the time allowed by an extension pursuant to Rule 77(d), Alabama Rules of Civil Procedure."

Ms. at *7. The court therefore dismissed Colony's appeal challenging denial of its motion to compel arbitration as untimely. Ibid.

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