Opinion
1131077, 1131081, and 1131082.
2014-08-29
Ex parte V.S.T. (In re V.S.T. v. R.W. and B.W.).
E. Emmanuel Scozzaro, Jr. , Helena, for petitioner. Submitted on petitioner's brief only.
Petition for Writ of Certiorari to the Court of Civil Appeals (Jefferson Probate Court, Bessemer Division, No. 50041554, No. 50041555, and No. 50041556, Sherri Coleman Friday, J.; Court of Civil Appeals, 2130112, 2130113, and 2130114).
E. Emmanuel Scozzaro, Jr., Helena, for petitioner. Submitted on petitioner's brief only.
WISE, Justice.
1131077—WRIT DENIED. NO OPINION.
1131081—WRIT DENIED. NO OPINION.
1131082—WRIT DENIED. NO OPINION. STUART, BOLIN, MAIN, and BRYAN, JJ., concur.
MOORE, C.J., and PARKER and MURDOCK, JJ., dissent.
MURDOCK, Justice (dissenting).
The Court of Civil Appeals dismissed all of these appeals as untimely. It appears that a final judgment was entered in V.S.T.'s favor in a collateral action under § 26–10A–25(d), Ala.Code 1975; that she then filed a timely postjudgment motion pursuant to Rule 59, Ala. R. Civ. P.; and that she timely appealed within 42 days of the denial of that motion. Also, I find the petitions before us sufficiently compliant with the requirements of Rule 39, Ala. R.App. P. I therefore dissent from the Court's decision refusing to consider the petitions.