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.
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.
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).