Supreme Court of Alabama, 2000

Tiongson v. Tiongson

Supreme Court of Alabama · Decided March 10, 2000 · Brown, Hooper, Houston, See, England

765 So. 2d 643; 2000 Ala. LEXIS 73; 2000 WL 264228 (Southern Reporter, Second Series)

Cases that cite this one

8 later published cases cite this decision.

Veteto v. Yocum (Ala. Civ. App. 2001)
Sjr v. Fmr (Ala. Civ. App. 2007)
Kendrick v. Earl's Inc. (Ala. Civ. App. 2007)
S.J.R. v. F.M.R. (Ala. Civ. App. 2007)
Roux v. Hamby (Ala. Civ. App. 2005)
Portis v. Alabama State Tenure Com'n (Ala. Civ. App. 2003)
Horton v. Horton (Ala. Civ. App. 2001)
Plantation South Condominium Association, Inc. v. Profile Management Corporation Inc. (Ala. Civ. App. 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BROWN, Justice.

The petition for the writ of certiorari is denied.

This Court has held that a “judgment of [a Court of Appeals] is not final until that court issues its certificate of judgment, and an application for rehearing in that court and a petition in this Court for writ of certiorari stay the issuance of that certificate.” Jackson v. State, 566 So.2d 758, 759 n. 2 (Ala. 1990); Rule 41, Ala.R.App.P. Only “upon the filing of a copy of [this Court’s order] denying the petition for cer-tiorari” will the Court of Civil Appeals issue its certificate of judgment. Rule 41(b), Ala.R.App.P. Accordingly, the November 16, 1999, order of the trial court is void because that court lacked jurisdiction to issue that order, and the filing of a motion to stay is unnecessary.

WRIT DENIED.

HOOPER, C.J., and HOUSTON, SEE, and ENGLAND, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.