(251) 299-0101

Untimely Appeal - Rule 59.1, Alabama Rules of Civil Procedure

Donald Croom Beatty, Jr. v. Mary Alice Beatty Carmichael, etc., [Ms. 1180437, Aug. 16, 2019] __ So. 3d __ (Ala. 2019). The Court (Bryan, J.; Parker, C.J., and Shaw, Mendheim, and Mitchell, JJ., concur) dismisses as untimely Donald Beatty’s appeal from a judgment of the Jefferson Circuit Court dismissing an action involving the estate of Donald’s mother.

On May 1, 2018, the circuit court entered an order dismissing the action. Donald filed a timely motion to reconsider the dismissal order. Ms. *4. On January 14, 2019, more than 90 days after the filing of Donald’s motion to reconsider, the circuit court entered an order purporting to deny the motion to reconsider. Ibid. Donald filed a notice of appeal on February 25, 2019.

While Donald acknowledged that his notice of appeal was filed more than 42 days after his motion to reconsider was deemed denied under Rule 59.1, Ala. R. Civ. P., he argued that the Court had jurisdiction to entertain his appeal based on the circuit court’s alleged lack of subject matter jurisdiction. Ms. *8. The Court rejected this argument, holding that “[t]he Alabama Rules of Appellate Procedure, however, do not allow a notice of appeal to be filed outside the time parameters set forth in Rule 4, Ala. R. App. P. In circumstances in which a party wants to challenge a final judgment that was allegedly entered without subject-matter jurisdiction, Rule 60(b), Ala. R. Civ. P., provides a method for doing so.” Ibid.

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