Appellate Jurisdiction


Whitworth v. Crestwood Development Corporation, LLC, [Ms. 2180794, Dec. 6, 2019] __ So. 3d __ (Ala. Civ. App. 2019). A unanimous court (Moore, J.; Thompson, P.J., and Donaldson, Edwards, and Hanson, JJ., concur) dismisses Timothy Whitworth’s appeal from the Jefferson Probate Court’s order granting Whitworth’s application for redemption of real property from a tax sale. Although Whitworth was successful in his action to redeem the property, he sought to appeal the probate court’s order directing that he pay the redemption funds to the tax purchaser Crestwood, rather than to the Jefferson County Tax Collector. The court held because “‘there is nothing in the record prejudicial to [Whitworth], and the judgment is in his favor to the full extent claimed, there is nothing on which to predicate an appeal.’” Ms. *6, quoting Ex parte Jefferson Cty. Sheriff’s Dep’t, 13 So. 3d 993, 996 (Ala. Civ. App. 2009). The court explained:

“Appeals are ‘not allowed for the purpose of settling abstract questions, however interesting or important to the public generally, but only to correct errors injuriously affecting the appellant.’ Alcazar Shrine Temple v. Montgomery Cty. Sheriff’s Dep’t, 868 So. 2d 1095 (Ala. 2003), quoting 4 Am. Jur. 2d Appeal and Error § 182 (1962)).

Ms. *5.

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