PERFECTING AN APPEAL: PAYMENT OF APPELLATE FILING FEE IS NOT JURISDICTIONAL - ALEXANDER V. ESTATE OF BETHEA
Alexander v. Estate of Bethea, [Ms. 2160194, June 9, 2017] __ So. 3d __ (Ala. Civ. App. 2017). The Court of Civil Appeals unanimously reverses an order of the Montgomery Circuit Court dismissing an attempted appeal of a judgment from the Montgomery District Court. The circuit court's dismissal was premised upon the appellant's failure to pay the appellate filing fee within 14 days of the date of entry of judgment in the district court. Citing Finch v. Finch, 468 So. 2d 151 (Ala. 1985), the court notes that the Supreme Court had previously held that payment of the filing fee within the time allowed for an appeal is not a jurisdictional requirement for perfecting an appeal. Ms. * 4. The court found no legal support for the circuit court's decision to dismiss the appeal on the ground that the appellant had not timely paid his appellate filing fee. Ms. * 6.