Tolling of Time to Appeal From Final Judgments in Consolidated Cases


Casey v. Casey, [Ms. 2170449 and 2170450, Mar. 15, 2019] __ So. 3d __ (Ala. Civ. App. 2019). The court (Donaldson, J.; Thompson, P.J., Moore and Hanson, JJ., concur; Edwards, J., concurs in the result) dismisses the father’s appeal from one of two judgments entered in consolidated domestic relations cases. Although the father filed a Rule 59 motion in one of the two consolidated cases, that motion did not toll the time to appeal from the judgment in the other case in which no Rule 59 motion was filed. The court applied prior precedent that “the filing of a Rule 59 motion in one consolidated case will not toll the running of time for filing a notice of appeal in the other.” Ms. *17, citing Cox v. Cox, 218 So. 3d 1215, 1219-20 (Ala. Civ. App. 2016).

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