Order Directing Sale of Land for Division is Final for Appellate Purposes

Kawzinski v. Lyne, indiv. and as pers. rep. of Estate of Kawzinski, [Ms. SC-2022-0818, Apr. 21, 2023] __ So. 3d __ (Ala. 2023). The Court (Mendheim, J.; Parker, C.J., and Wise, Bryan, Sellers, Stewart, Mitchell, and Cook, JJ., concur; Shaw, J., concurs in the result) dismisses as untimely Debra Ann Kawzinski’s appeal from the Elmore Circuit Court’s order directing that property owned by Debra Ann and her deceased husband be sold for division. The Court reiterates “‘[i]n a sale-for-division case, both the order directing the sale and the subsequent order confirming the sale are considered final judgments for purposes of appeal. Jetton v. Jetton, 502 So. 2d 756, 758-59 (Ala. 1987).’” Ms. *11. Notwithstanding the circuit court’s mistaken belief that its April 20, 2022, order directing that the property be sold was not a final judgment, “Debra Ann was required to file her notice of appeal of the circuit court’s April 20, 2022, order within 42 days of its entry. …” Ibid.

The Court goes on to note that “the record on appeal does not contain an order confirming any sale of the property made pursuant to the circuit court’s April 20, 2022, order. Accordingly, should such an order be entered below, Debra Ann could appeal that order and would be entitled to raise objections arising from both the initial judgment ordering the land sold, and from the judgment confirming the sale….” Ms. *12, internal quotation marks omitted.

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