A Motion to Alter or Vacate a Discovery Order Does Not Extend the Presumptively Reasonable Time Within With to File a Mandamus Petition

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.  

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Denial of a Motion to Reconsider a Stay is Interlocutory

The Court of Civil Appeals dismissed the wife’s appeal from a divorce decree in Norman v. Norman, No. 2060587, released October 12, 2007.   In that case, the trial court entered a judgment of divorce awarding custody of the parties’ children and ordering the father to make child support payments.  The mother filed a motion to modify the child support obligations and for contempt.  The father answered and filed a motion to stay pursuant to the Servicemembers Civil Relief Act, claiming that he was engaged in active military service.  The trial court granted the motion to stay.  The mother filed a motion to reconsider the trial court’s order granting a stay.  The trial court denied that motion on February 22, 2007 and the mother appealed on March 29, 2007. 

  

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Remand to Juvenile Court Not A Final Judgment: Supported Neither Appeal Nor Mandamus

By remanding a custody dispute to juvenile court, the circuit court did not enter a final judgment that would support an appeal.  The juvenile court’s assertion of jurisdiction, which did not adjudicate custody, moreover would not justify a writ of mandamus.   E.E.K. v. Jefferson County Dept. of Human Resources, No. 2050733 (Ala. Civ. App. June 29, 2007).

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