Ala. R. App. P. 4(a)(1)(A) and Timeliness of Appeal From Order Granting Injunction

Rainwater Family Trust v. Rainwater, [Ms. 1190951, 1190952, June 30, 2021] __ So. 3d __ (Ala. 2021). In Appeal Number 1190951, the Court (Mitchell, J.; Parker C.J., and Bolin, Shaw, Wise, Bryan, Sellers, Mendheim, and Stewart, JJ., concur), the Court dismisses as premature an appeal from the St. Clair Circuit Court’s order denying a motion to quash a garnishment. The Court explains that under the garnishment statute, §6-6-464, Ala. Code 1975, “an appeal will lie only when there has been a final judgment.” Ms. *13. Judgment was not final as to the garnishment because “the trial court denied a motion to quash garnishment proceedings, but it did not decide what should be done with the funds that were the subject of the garnishment.” Ms. *14.

In Appeal Number 1190952 (Mitchell, J.; and Wise, Sellers, and Stewart, JJ., concur; Mendheim, J., concurs specially; Parker, C.J., and Bolin, Shaw, and Bryan, JJ., dissent) dismisses the appeal as untimely. The Court explains that the order appealed from was injunctive in nature because it commanded the parties to perform a settlement agreement. Consequently, under Rule 4(a)(1)(A), Ala. R. App., any appeal had to be filed within 14 days (2 weeks) of entry of the order. Ms. *11.

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