Mears v. Nail

Court of Civil Appeals of Alabama

Mears v. Nail

311 So. 2d 435, 54 Ala. App. 610, 1975 Ala. Civ. App. LEXIS 615

CourtCourt of Civil Appeals of Alabama

DecidedApril 16, 1975

DocketCiv. 421

StatusPublished

Cited by2 cases

This text of 311 So. 2d 435 (Mears v. Nail) 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

Mears v. Nail, 311 So. 2d 435, 54 Ala. App. 610, 1975 Ala. Civ. App. LEXIS 615 (Ala. Ct. App. 1975).

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Opinion

WRIGHT, Presiding Judge.

Appeal is taken from a decree affecting custody. Decree was entered May 23, 1974. There was no motion for rehearing. Security for costs was filed August 2, 1974.

Title 7, Section 789(1), Code of Alabama (1940), provides inter alia that appeals from decrees affecting the custody of children must be taken within 60 days from the date upon which the decree was rendered. Such cases on appeal shall be preferred cases. This appeal was not taken within 60 days from the date of the decree. The time prescribed by statute for taking an appeal is jurisdictional. An appeal not timely taken will be dismissed on motion or ex mero motu. Meeks v. State Farm Mut. Auto. Ins. Co., 286 Ala. 513, 243 So.2d 27 (1971).

Appeal dismissed.

BRADLEY and HOLMES, JJ., concur.

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WRIGHT, Presiding Judge.

Appeal is taken from a decree affecting custody. Decree was entered May 23, 1974. There was no motion for rehearing. Security for costs was filed August 2, 1974.

Title 7, Section 789(1), Code of Alabama (1940), provides inter alia that appeals from decrees affecting the custody of children must be taken within 60 days from the date upon which the decree was rendered. Such cases on appeal shall be preferred cases. This appeal was not taken within 60 days from the date of the decree. The time prescribed by statute for taking an appeal is jurisdictional. An appeal not timely taken will be dismissed on motion or ex mero motu. Meeks v. State Farm Mut. Auto. Ins. Co., 286 Ala. 513, 243 So.2d 27 (1971).

Appeal dismissed.

BRADLEY and HOLMES, JJ., concur.

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Bluebook (online)

311 So. 2d 435, 54 Ala. App. 610, 1975 Ala. Civ. App. LEXIS 615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mears-v-nail-alacivapp-1975.

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