Summary
stating that "`a judgment of [a Court of Appeals] is not final until that court issues its certificate of judgment'" (quoting Jackson v. State, 566 So.2d 758, 759 n. 2 (Ala. 1990))
Summary of this case from Kendrick v. Earl'sOpinion
No. 1990629.
March 10, 2000.
Appeal from Dale Circuit Court, DR-95-325.1; Court of Civil Appeals, 2980230.
Randall W. Nichols of Massey Stotser, P.C., Birmingham, for petitioner.
Submitted on appellant's brief only.
Prior report" Ala.Civ.App. 765 So.2d 643.
The petition for the writ of certiorari is denied.
This Court has held that a "judgment of [a Court of Appeals] is not final until that court issues its certificate of judgment, and an application for rehearing in that court and a petition in this Court for writ of certiorari stay the issuance of that certificate." Jackson v. State, 566 So.2d 758, 759 n. 2 (Ala. 1990); Rule 41, Ala.R.App.P. Only "upon the filing of a copy of [this Court's order] denying the petition for certiorari" will the Court of Civil Appeals issue its certificate of judgment. Rule 41(b), Ala.R.App.P. Accordingly, the November 16, 1999, order of the trial court is void because that court lacked jurisdiction to issue that order, and the filing of a motion to stay is unnecessary.
WRIT DENIED.
HOOPER, C.J., and HOUSTON, SEE, and ENGLAND, JJ., concur.