Williams, et al. v. Dodd, et al., [Ms. SC-2024-0704, May 9, 2025] __ So. 3d __ (Ala. 2025). The Court (Bryan, J.; Stewart, C.J., and Shaw, Mendheim, and Cook, JJ., concur) dismisses as untimely the appeal of Teresa Williams and Barney’s Childcare and Learning Center, Inc., d/b/a Pooh Bear Academy from a judgment of the Montgomery Circuit Court dismissing their complaint against various officials and employees of the Alabama Department of Human Resources and the Elmore County Department of Human Resources.
Under Rule 59.1, Ala. R. Civ. P., a post-judgment motion is denied by operation of law if not ruled on with 90 days of filing unless (1) all parties expressly consent to an extension and that consent appears “of record,” or (2) the appellate court grants an extension. The Court reiterates that an extension must appear of record before the 90-day deadline expires, citing Ex parte Caterpillar, Inc., 708 So. 2d 142, 143 (Ala. 1997) and Scheilz v. Scheilz, 579 So. 2d 674 (Ala. Civ. App. 1991). Ms. *8. Even if the parties agreed to extend the ruling period, the absence of timely written documentation of such agreement in the record renders the extension void. Ms. *9.