Posted on January 28, 2008 by Ivan B. Cooper

Void Judgment Will Not Support An Appeal

In K.R. v. D.H., [Ms. 2061119] (Ala. Civ. App. Jan. 25, 2008), the Court of Civil Appeals dismissed an appeal for lack of jurisdiction because the trial court did not have jurisdiction over the underlying dispute.  The court held that "because a judgment entered without subject-matter jurisdiction is void . . ., and because a void judgment will not support an appeal . . . , we dismiss the appeal."
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g o - November 13, 2008 10:35 PM

It is interesting that the Alabama court simply dismissed the appeal, yet the California courts have, for years, reviewed void judgments as if they were valid. (see, for example Pioneer v Maddox 1895 109 c 663,and hundreds of cases since.

It is true that ccp 904.1 does not authorize such an appeal, but to no avail. The appellate courts in fact review such void judgments without jurisdiction.

I'd be interested in some comment as to why these courts do this. It appears to me, that no court likes to disparage any other court as having acted without jurisdiciton, and therefore do this to save face for the system.

Anyone having any other views?

Look forward to having a discussion on this issue.

GS

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