Alabama Court of Civil Appeals, 1999

Alford v. Alford

Alford v. Alford
Alabama Court of Civil Appeals · Decided August 27, 1999 · Monroe, Robertson, Yates, Thompson, Crawley
743 So. 2d 470; 1999 Ala. Civ. App. LEXIS 626; 1999 WL 667316 (Southern Reporter, Second Series)

Alford v. Alford

Opinion of the Court

MONROE, Judge.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(F), Ala.R.App.P., and Tucker v. Tucker, 403 So.2d 262 (Ala.Civ.App. 1981).

ROBERTSON, P.J., and YATES and THOMPSON, JJ., concur. CRAWLEY, J., dissents.

Dissenting Opinion

CRAWLEY, Judge,

dissenting.

I conclude that the appeal is untimely; therefore, it should be dismissed. The trial court, on its own motion, entered two judgments to correct errors it had made in its original judgment. These corrected judgments were entered pursuant to Rule 60(a), Ala. R. Civ. P. A corrected judgment entered pursuant to Rule 60(a) relates back to the date of the original judgment and does not extend or renew the running of the time for filing a notice of appeal. Levine v. Malaga Restaurant, Inc., 501 So.2d 1231 (Ala.Civ.App. 1987). The notice of appeal was filed several years after the original judgment had been issued and therefore was untimely. Rule 4(a)(1), Ala. R.App. P.

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