Order Valid If Judge Renders and Directs Entry of Judgment But Order Not Entered Until After Judge Leaves Office

The unique scenario of where the trial court judge renders a judgment just before his term of office ends, but the judgment was not entered until after the judge’s term ended,  was presented in Gilliam v. Gilliam, [Ms. 2080856] (Ala. Civ. App. Feb. 5, 2010).  The Court of Civil Appeals concluded that, to be valid, the trial court must both render judgment and direct entry of judgment by the clerk prior to leaving office.  Further, the Court of Civil Appeals held that an order is valid even if filed on a legal holiday, but that the trial court erred by not holding a hearing on a post-judgment motion that had merit.

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