Untimely Appeal - Date of Electronic Entry of Judgment


McCarn v. Langan, [Ms. 2171154, Mar. 15, 2019] __ So. 3d __ (Ala. Civ. App. 2019). The court (Thompson, P.J.; Donaldson, Edwards, and Hanson, JJ., concur; Moore, J., concurs specially) dismisses as untimely the father’s appeal from a judgment of the Shelby Circuit Court modifying the father’s child support obligation and determining a child support arrearage. The circuit court entered a final judgment on June 4, 2018, via electronic entry on the State Judicial Information System (SJIS). The court applied Rule 58(c), Ala. R. Civ. P., providing that “[a]n order or a judgment rendered electronically by the judge ... shall be deemed ‘entered’ ... as of the date the order or judgment is electronically transmitted by the judge to the electronic-filing system.” Ms. *3.

Even though the circuit court entered a judgment identical to the June 14, 2018, judgment on SJIS on June 20, 2018, the court held that the subsequent judgment “is merely a duplication of the original judgment. Accordingly, the June 14, 2018, judgment was a final judgment in this case from which any post-judgment motion or appeal must have been filed.” Ibid.

Because the father did not file his Rule 59 motion until July 20, 2018, that motion did not toll the time for taking an appeal from the June 14, 2018, judgment. Accordingly, the father’s “September 19, 2018, notice of appeal was filed more than 42 days after entry of the June 14, 2018 judgment, and it did not invoke the jurisdiction of this court.” Ms. *5.

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