Alabama Court of Civil Appeals Dismisses Appeal; Rule 60 Motion Does Not Toll Time for Filing a Notice of Appeal
On January 16, 2009, the Alabama Court of Civil Appeals dismissed Rhodes v. Fulmer, Case No. 2070664, as untimely filed.
The circuit court entered a judgment in this brother/sister will contest on October 3, 2007 which ordered the brother to pay his one third share of an amount to his sister, as well as to convey certain real estate contained in the estate. On
On
The brother’s notice of appeal, filed in April of 2008, was untimely because it was outside the 42 day window for filing an appeal. While this time limit can be tolled by the timely filing of a post-judgment motion, the brother’s Rule 59 motion was filed more than thirty days after the order he sought to appeal and therefore did not toll his time. Moreover, the court noted that the fact that he filed a Rule 60 motion on
The brother’s appeal was therefore dismissed as untimely.