Appellate Jurisdiction - Rule 59.1, Ala. R. Civ. P.
Johnson v. Walter Cox and General Auto and Truck Repair, Inc., [Ms. 2170874, Nov. 9, 2018] __ So. 3d __ (Ala. 2018). This unanimous decision by Judge Thomas dismisses Johnson’s appeal from the Jefferson Circuit Court’s order dismissing his action alleging conversion, fraud, and unjust enrichment.
The court examined its subject-matter jurisdiction sua sponte and concluded that Johnson’s notice of appeal was untimely. Johnson’s post-judgment motion was subject to Rule 59.1, Ala. R. Civ. P., providing that a post-judgment motion is deemed denied 90 days after filing. The court applied settled law that “[a]n express consent of the parties, one evidenced by ‘positive steps to express [an agreement to extend the 90-day period] in a direct and equivocal manner,’ is required to extend the 90-day period under Rule 59.1.” Ms. *5-6, quoting Personnel Bd. for Mobile Cty. v. Bronstein, 354 So. 2d 8, 11 (Ala. Civ. App. 1977). Because no such express agreement appeared in the record, Johnson’s appeal was filed more than 42 days after his post-judgment motion was deemed denied under Rule 59.1.