In York v. Dillard’s, Inc., 2026 WL 2130688 (Ala. Civ. App. July 24, 2026), the Court (Bowden, J., and Moore, P.J., Edwards, Hanson, and Fridy, JJ., concurring) dismiss an appeal due to the underlying judgment being void based on lack of subject-matter jurisdiction that resulted from a failure to timely pay a filing fee.
Eileena York originally filed a complaint against Dillard’s, Inc. on October 15, 2024 in the Dale Circuit Court, along with an affidavit of substantial hardship requesting waiver of the filing fee. Id. at *1. The Dale Circuit Court denied the affidavit that same day. Id. York did not pay the filing fee within 30 days as required by Section 12-19-70(b), Ala. Code 1975. Id. Instead, York filed a motion to reconsider the denial on November 6, 2024, and the court denied that motion the same date. Id. York appealed the denial of her affidavit of substantial hardship on November 22, 2024, which was transferred to the Alabama Supreme Court and denied on June 6, 2025. Id. York filed an amended complaint on July 1, 2025, apparently paid the fee, and obtained an order transferring the case to the Houston Circuit Court, where her claims were ultimately dismissed. Id. York appealed. Id.
The court holds that because York did not pay the fee within 30 days of the October 15, 2024 denial, the Dale Circuit Court lost jurisdiction over the case and that, as a result, all actions taken by Dale Circuit Court after the 30-day period—including its order transferring the case to Houston County—were void. Id. at *2. The court further holds that because the transfer order was void, the subsequent proceedings in the Houston Circuit Court were also void. Id. Because a void judgment cannot support an appeal, the court dismisses York’s appeal and instructs the Houston Circuit Court to set aside the void proceedings. Id.