Howard Ross v. West Wind Condominium Association, No. CL-2025-0534, CV-22-146 (Ala. Feb. 13, 2026). The Alabama Court of Civil Appeals (Moore, P.J., and Edwards, Hanson, Fridy, and Bowden, JJ., concur) dismissed the appeal with instructions, ordering the trial court to vacate its untimely filed judgment and for improperly released funds to be returned to the clerk. Ms. *5.
West Wind Condominium Association (“West Wind”) sued Howard Ross for unpaid homeowners’ dues and assessments, and the Madison County trial court entered judgment against Mr. Ross. Ms. *2. Mr. Ross appealed, and the Alabama Court of Civil Appeals reversed the judgment for unpaid assessments and affirmed the judgment of unpaid dues. See Ross v. West Wind Condominium Ass’n, [Ms. CL-2023-0829, Feb. 7, 2025] ___ So. 3d ___ (Ala. Civ. App. 2025). The court remanded the case to the trial court with instructions to recalculate the amount of the judgment. Ms. *2.
On November 20, 2024, the trial court entered an amended order against Ross. Ms. *3. On February 14, 2025, West Wind filed and the trial court granted a motion requesting the trial court reenter judgment reflecting the new amount after recalculation. On April 9, 2025, the Court entered its certificate of judgment on the original appeal. Id. On April 17, 2025, the trial court ordered satisfaction of the February 2025 judgment. *3. On May 6, 2025, Mr. Ross filed to vacate the trial court’s November 2024 judgment, which the trial court denied. He appealed.
Because the trial court untimely entered the order prior to the Alabama Court of Civil Appeals issuance of the certificate of judgment, the trial court’s November 2024 order and subsequent judgments are void. Ross’ appeal was then dismissed for lack of jurisdiction. Ms. *4.