Rule 60 - Premature Notice of Appeal


Thompson v. State of Alabama, ex rel. Jett, [Ms. 2180977, Aug. 28, 2020] __ So. 3d __ (Ala. Civ. App. 2020). The court (Donaldson, J.; Thompson, P.J., and Moore, Edwards, and Hanson, JJ., concur) dismisses an appeal from the denial of a Rule 60 motion because the appellant filed the notice of appeal before the trial court ruled on the Rule 60 motion. The court notes that “[a]lthough Rule 4(a)(5) provides that a notice of appeal shall be held in abeyance until certain types of motions have been ruled on, a motion filed pursuant to Rule 60 is not one of the enumerated motions.” Ms. *6. The court also noted that

Rule 4(a)(4), Ala. R. App. P., provides that “[a] notice of appeal filed after the announcement of a decision or order but before the entry of the judgment or order shall be treated as filed after the entry and on the day thereof.” There is, however, no indication in the record that the trial court had announced any decision on Thompson’s Rule 60(b) motion before the entry of its order purportedly denying that motion. In addition, in her notice of appeal, which was filed after the hearing on her Rule 60(b) motion, Thompson stated that the trial court had not ruled on her Rule 60(b) motion.

Ms. *7.

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