A Trial Court Does Not Regain Jurisdiction Until Appellate Court Issues its Certificate of Judgment


Lovering v. Lovering, [Ms. CL-2023-0532, Mar. 15, 2024] ___ So. 3d ___ (Ala. Civ. App. 2024). The court (Edwards, J.; Moore, P.J., and Hanson and Fridy, JJ., concur) dismisses the husband’s appeal from a divorce judgment for lack of jurisdiction. The court explains “it is well settled that a trial court does not have jurisdiction to enter an order in a case that is pending on appeal until the appellate court has entered its certificate of judgment. See, e.g., Poole v. Poole, 212 So. 3d 261, 264 (Ala. Civ. App. 2016). Because this court had not yet entered its certificate of judgment in Lovering [a prior appeal in divorce proceeding] when the trial court entered its April 25, 2023, order, that order was void for want of jurisdiction. This court does not have jurisdiction to review a void order, which will not support an appeal.” Ms. *5.

Related Documents