E.D.G. v. M.S.

Court of Civil Appeals of Alabama

E.D.G. v. M.S.

878 So. 2d 299, 2003 Ala. Civ. App. LEXIS 796, 2003 WL 22417156

CourtCourt of Civil Appeals of Alabama

DecidedOctober 24, 2003

Docket2020401

StatusPublished

This text of 878 So. 2d 299 (E.D.G. v. M.S.) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

E.D.G. v. M.S., 878 So. 2d 299, 2003 Ala. Civ. App. LEXIS 796, 2003 WL 22417156 (Ala. Ct. App. 2003).

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Opinion

YATES, Presiding Judge.

The Juvenile Court of Hale County entered an order on August 14, 2002, awarding M.S. custody of his two minor stepchildren. On August 28, 2002, E.D.G. (“the father”) filed a postjudgment motion to alter, amend, or vacate the judgment. The father then filed his notice of appeal to this court on January 21, 2003.

On appeal, the father contends that this case was incorrectly styled as a juvenile court proceeding and that his appeal should be treated as an appeal from a circuit court proceeding. He argues that a circuit judge’s involvement in juvenile cases is unusual in Hale County. The father argues that the proceeding was not a juvenile court proceeding governed by the Alabama Rules of Juvenile Procedure; rather, he argues that the Alabama Rules of Civil Procedure govern the proceeding.

In Alabama, both juvenile courts and circuit courts have original jurisdiction with respect to child-custody issues raised in actions in those respective courts’ jurisdiction. See Ex parte Lipscomb, 660 So.2d 986 (Ala.1994). Here, the father’s notice of appeal was untimely filed under Rule 4 of the Alabama Rules of Appellate Procedure whether the action was a juvenile court proceeding or a circuit court proceeding. If the action was a juvenile court proceeding, his notice of appeal should have been filed no later than September 25, 2002; if the action was a circuit court proceeding, the father would have had to perfect an appeal on or before January 7, 2003. The father’s notice of appeal filed on January 21, 2003, is untimely whether the case is treated as a juvenile court proceeding or as a circuit court proceeding; therefore, it is not necessary to determine whether the trial court was acting as a juvenile court.

Because the father’s notice of appeal was untimely filed, this court lacks jurisdiction; therefore, the appeal is dismissed. See Rule 2(a)(1), Ala. R.App. P.

APPEAL DISMISSED.

CRAWLEY, THOMPSON, and MURDOCK, JJ., concur. PITTMAN, J., concurs in the result.

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YATES, Presiding Judge.

The Juvenile Court of Hale County entered an order on August 14, 2002, awarding M.S. custody of his two minor stepchildren. On August 28, 2002, E.D.G. (“the father”) filed a postjudgment motion to alter, amend, or vacate the judgment. The father then filed his notice of appeal to this court on January 21, 2003.

On appeal, the father contends that this case was incorrectly styled as a juvenile court proceeding and that his appeal should be treated as an appeal from a circuit court proceeding. He argues that a circuit judge’s involvement in juvenile cases is unusual in Hale County. The father argues that the proceeding was not a juvenile court proceeding governed by the Alabama Rules of Juvenile Procedure; rather, he argues that the Alabama Rules of Civil Procedure govern the proceeding.

In Alabama, both juvenile courts and circuit courts have original jurisdiction with respect to child-custody issues raised in actions in those respective courts’ jurisdiction. See Ex parte Lipscomb, 660 So.2d 986 (Ala.1994). Here, the father’s notice of appeal was untimely filed under Rule 4 of the Alabama Rules of Appellate Procedure whether the action was a juvenile court proceeding or a circuit court proceeding. If the action was a juvenile court proceeding, his notice of appeal should have been filed no later than September 25, 2002; if the action was a circuit court proceeding, the father would have had to perfect an appeal on or before January 7, 2003. The father’s notice of appeal filed on January 21, 2003, is untimely whether the case is treated as a juvenile court proceeding or as a circuit court proceeding; therefore, it is not necessary to determine whether the trial court was acting as a juvenile court.

Because the father’s notice of appeal was untimely filed, this court lacks jurisdiction; therefore, the appeal is dismissed. See Rule 2(a)(1), Ala. R.App. P.

APPEAL DISMISSED.

CRAWLEY, THOMPSON, and MURDOCK, JJ., concur. PITTMAN, J., concurs in the result.

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Bluebook (online)

878 So. 2d 299, 2003 Ala. Civ. App. LEXIS 796, 2003 WL 22417156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edg-v-ms-alacivapp-2003.

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