Want of Appellate Jurisdiction & Dismissal of Appeal


Eleanor Williams v. Mari Properties, LLC, [Ms. 1190555, Dec. 18, 2020] __ So. 3d __ (Ala. 2020). The Court (Stewart, J.; Parker, C.J., and Shaw, Wise, Bryan, Mendheim, and Mitchell, JJ., concur; Sellers, J., concurs in the result; Bolin, J., recuses) dismisses an appeal from an order of the Jefferson County Probate Court after determining ex mero motu that the order appealed from was not a valid order capable of supporting an appeal such that the Supreme Court was without appellate jurisdiction to decide the appeal. Finding that the Appellee had invoked the jurisdiction of the Jefferson County Circuit Court under §12-22-20, Ala. Code 1975, by filing a Notice of Appeal to the Circuit Court, that Notice of Appeal divested the Probate Court of jurisdiction such that any further orders entered by the Probate Court were void. Ms. **8-9. Further, because the Appellee failed to obtain leave from the Jefferson County Circuit Court pursuant to Ala. R. Civ. P. 60(b) to file a Rule 60(b)(4) motion to reconsider in the Probate Court, that court did not acquire jurisdiction over the Rule 60(b) motion. Ms. *10, citing P.I.M. v. Jefferson County Department of Human Resources, 297 So. 3d 409 (Ala. Civ. App. 2019). Accordingly, because the Jefferson County Probate Court never had jurisdiction to issue the order appealed from, that order was a nullity which would not support an appeal.

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