Circuit Court Lacked Jurisdiction to Award Post-Judgment Attorney Fees – Should Have Vacated Void Order Under Rule 60(b)(4)

Well after the deadline had passed for filing post-judgment motions, the circuit court purported to grant a new motion to award the defendant attorney fees. This act was void for want of jurisdiction, and should have been vacated on the plaintiff’s motion. Palisades Collection, LLC v. Delaney, 2070532 (Ala. Civ. App. July 10, 2009).

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Will Contest Not Final Where Trial Court Reserved Jurisdiction on Pending Motions

A judgment disposing of a will contest was not final where the trial court reserved jurisdiction on pending motions, and had not adjudicated two claims in the defendant’s “Motion for Affirmative Relief.” The appeal was dismissed for lack of jurisdiction. Hoegh v. Burton, No. 2070278 (Ala. Civ. App. Aug. 29, 2008).

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