V.S.T. v. R.W.
Supreme Court of Alabama
V.S.T. v. R.W., 161 So. 3d 185 (Ala. 2014)
Bolin, Bryan, Main, Moore, Murdock, Parker, Stuart, Wise
V.S.T. v. R.W.
Opinion of the Court
1131077 — WRIT DENIED. NO OPINION.
1131081 — WRIT DENIED. NO OPINION.
1131082 — WRIT DENIED. NO OPINION.
Dissenting Opinion
(dissenting).
The Court of Civil Appeals dismissed all of these appeals as untimely. It appears that a final judgment was entered in V.S.T.’s favor in a collateral action under § 26-10A-25(d), Ala.Code 1975; that she then filed a timely postjudgment motion pursuant to Rule 59, Ala. R. Civ. P.; and that she timely appealed within 42 days of the denial of that motion. Also, I find the petitions before us sufficiently compliant with the requirements of Rule 39, Ala. R.App. P. I therefore dissent from the Court’s decision refusing to consider the petitions.
Reference
- Full Case Name
- Ex parte V.S.T. (In re V.S.T. v. R.W. and B.W.)
- Status
- Published