M.C. v. K.B.

Court of Civil Appeals of Alabama

M.C. v. K.B.

634 So. 2d 595, 1994 Ala. Civ. App. LEXIS 68, 1994 WL 37890

CourtCourt of Civil Appeals of Alabama

DecidedFebruary 11, 1994

DocketAV92000815

StatusPublished

Cited by2 cases

This text of 634 So. 2d 595 (M.C. v. K.B.) 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

M.C. v. K.B., 634 So. 2d 595, 1994 Ala. Civ. App. LEXIS 68, 1994 WL 37890 (Ala. Ct. App. 1994).

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Opinion

ROBERTSON, Presiding Judge.

The Juvenile Court of Montgomery County entered a judgment on June 22, 1993, awarding the father, K.B., custody of K.K.B., a legitimated minor child. The mother, M.C., filed a timely post-judgment motion on July 1,1993. The motion was denied by an order of the trial court entered on August 13,1993. The mother filed a notice of appeal to this court on September 16, 1993. This appeal must be dismissed as untimely.

Rule 28(c), A.R.Juv.P., provides that: “notice of appeal shall be filed within fourteen (14) days of the judgment, order or decree appealed from, whether the appeal is to an appellate court or to the circuit court for trial de novo.” Rule 2(a)(1), A.R.App.P. provides: “An appeal shall be dismissed if the notice of appeal was not timely filed to invoke the jurisdiction of the appellate court.” This court is without jurisdiction; therefore, this appeal is due to be dismissed. Asam v. City of Tuscaloosa, 585 So.2d 60 (Ala.Civ.App.1991).

APPEAL DISMISSED.

THIGPEN and YATES, JJ., concur.

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ROBERTSON, Presiding Judge.

The Juvenile Court of Montgomery County entered a judgment on June 22, 1993, awarding the father, K.B., custody of K.K.B., a legitimated minor child. The mother, M.C., filed a timely post-judgment motion on July 1,1993. The motion was denied by an order of the trial court entered on August 13,1993. The mother filed a notice of appeal to this court on September 16, 1993. This appeal must be dismissed as untimely.

Rule 28(c), A.R.Juv.P., provides that: “notice of appeal shall be filed within fourteen (14) days of the judgment, order or decree appealed from, whether the appeal is to an appellate court or to the circuit court for trial de novo.” Rule 2(a)(1), A.R.App.P. provides: “An appeal shall be dismissed if the notice of appeal was not timely filed to invoke the jurisdiction of the appellate court.” This court is without jurisdiction; therefore, this appeal is due to be dismissed. Asam v. City of Tuscaloosa, 585 So.2d 60 (Ala.Civ.App.1991).

APPEAL DISMISSED.

THIGPEN and YATES, JJ., concur.

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Bluebook (online)

634 So. 2d 595, 1994 Ala. Civ. App. LEXIS 68, 1994 WL 37890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mc-v-kb-alacivapp-1994.

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