A homeowner filed a notice of appeal that was not on the Form 1 contained in the Alabama Rules of Appellate Procedure. Moreover, she mistakenly filed her notice in the county’s district rather than circuit court. However, her notice contained all the information required by law, and the district and circuit courts shared the same clerk. Her notice thus effected a timely appeal. Whorton v. Bruce, No. 2070501 (Ala. Civ. App. Feb. 20, 2009).
In Stanfield v. Stanfield, Ms. 2061090 (Ala. Civ. App. July 18, 2008), the Court of Civil Appeals held that the trial court erred by failing to set aside a default judgment where a party missed a final hearing due to hospitalization.
In Ex parte Hoyt , No. 2060858, released October 12, 2007, the Court of Civil Appeals dismissed a mandamus petition seeking review of the trial court’s discovery order because the petitioner failed to file it within the presumptively reasonable time period or to include a statement of reasons as to why the court should consider the petition notwithstanding its untimeliness.