COVID-19 UPDATE: We are open! Our team is working and offering consultations via phone, e-mail, and video conferencing.
(251) 299-0101

Timeliness of Appeal from Order Removing Personal Representative

Player v. J.C., [Ms. 1180606, Jan. 24, 2020] __ So. 3d __ (Ala. 2020). The Court (Mendheim, J.; Parker, C.J., and Bolin, Wise, Bryan, Sellers, Stewart, and Mitchell, JJ., concur; Shaw, J., concurs in the result) dismisses Zambia Player’s appeal from the Etowah Circuit Court’s order removing her as the administrator of her brother’s estate. On February 27, 2018, the circuit court removed Zambia as personal representative of the estate and specifically stated that her removal did not constitute a release or discharge of her or her sureties from any malfeasance or breach of duty in the management of the estate. Ms. *4.

In a subsequent order entered on January 30, 2019, the circuit court awarded judgment to the beneficiary of $27,662.85 against Zambia. Ms. *6-7. After filing a post-judgment motion challenging the January 30, 2019 order, Zambia appealed on May 8, 2019. Ms. *7.

The Court held that the February 2018 order removing Zambia as administrator was immediately appealable pursuant to § 12-22-21, Ala. Code 1975, and because Zambia’s appeal was not filed until May 10, 2019, her appeal of the order removing her was untimely. Ms. *10.

Related Documents

Categories: