Wilson v. Jones

Court of Civil Appeals of Alabama

Wilson v. Jones

668 So. 2d 45, 1995 Ala. Civ. App. LEXIS 310, 1995 WL 326988

CourtCourt of Civil Appeals of Alabama

DecidedJune 2, 1995

Docket2940437

StatusPublished

Cited by1 cases

This text of 668 So. 2d 45 (Wilson v. Jones) 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

Wilson v. Jones, 668 So. 2d 45, 1995 Ala. Civ. App. LEXIS 310, 1995 WL 326988 (Ala. Ct. App. 1995).

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Opinion

YATES, Judge.

The Juvenile Court of Montgomery County entered a judgment on September 21, 1994, finding that the father owed a $7,294.26 child support arrearage to the mother. The court denied the father’s petition to decrease his monthly child support obligation, but awarded the father the right to claim the child as an exemption for tax purposes. The father, acting pro se, filed an untimely post-trial motion on October 7,1994.

“All post-judgment motions [in juvenile cases], whether provided for by the Alabama Rules of Civil Procedure or the Alabama Rules of Criminal Procedure, must be filed within 14 days after entry of judgment and shall not remain pending for more than 14 days.” Rule 1(B), Ala.R.Juv.P. In accordance with this rule, the father was required to file his post-judgment motion no later than October 5, 1994. He filed his post-judgment motion on October 7, and the trial court’s order purporting to deny the motion was entered on October 12, 1994. The father then filed a Rule 60(b)(6) motion, Ala.R.Civ. P., on December 28, 1994,¹ which the trial court denied that same day; he filed his [46]*46notice of appeal on February 2, 1995. The notice of appeal should have been filed within 14 days of the December 28, 1994, order. Rule 28(C), Ala.R.Juv.P.

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.

ROBERTSON, P.J., and THIGPEN, MONROE, and CRAWLEY, JJ., concur.

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YATES, Judge.

The Juvenile Court of Montgomery County entered a judgment on September 21, 1994, finding that the father owed a $7,294.26 child support arrearage to the mother. The court denied the father’s petition to decrease his monthly child support obligation, but awarded the father the right to claim the child as an exemption for tax purposes. The father, acting pro se, filed an untimely post-trial motion on October 7,1994.

“All post-judgment motions [in juvenile cases], whether provided for by the Alabama Rules of Civil Procedure or the Alabama Rules of Criminal Procedure, must be filed within 14 days after entry of judgment and shall not remain pending for more than 14 days.” Rule 1(B), Ala.R.Juv.P. In accordance with this rule, the father was required to file his post-judgment motion no later than October 5, 1994. He filed his post-judgment motion on October 7, and the trial court’s order purporting to deny the motion was entered on October 12, 1994. The father then filed a Rule 60(b)(6) motion, Ala.R.Civ. P., on December 28, 1994,¹ which the trial court denied that same day; he filed his [46]*46notice of appeal on February 2, 1995. The notice of appeal should have been filed within 14 days of the December 28, 1994, order. Rule 28(C), Ala.R.Juv.P.

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.

ROBERTSON, P.J., and THIGPEN, MONROE, and CRAWLEY, JJ., concur.

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Bluebook (online)

668 So. 2d 45, 1995 Ala. Civ. App. LEXIS 310, 1995 WL 326988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-jones-alacivapp-1995.

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