Circuit Court Could Not Reconsider Denied Post-Judgment Motions; Appeal From Later Order Was Untimely

The circuit court lost jurisdiction once it denied an employer’s post-judgment motions under Rules 59 and 60. That denial triggered the 42 days in which the employer had to appeal. The circuit court had no power to reopen, reconsider, and again rule on the employer’s motions. An appeal taken 42 days after that second attempted ruling was dismissed as untimely. Attalla Health Care, Inc. v. Kimble, No. 2061007 (Ala. Civ. App. May 9, 2008).

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There Is Generally No “Motion to Reconsider” Post-Judgment Ruling; Failure to Timely Appeal Initial Post-Judgment Order Bars Review

A husband was turned aside where he appealed, not from the denial of his initial post-judgment motion, but from the denial of his (much later) motion to "reconsider” that initial post-judgment disposition. Rorex v. Rorex, No. 2060232 (Ala. Civ. App.) (July 27, 2007). The trial court’s acts after it denied the first post-judgment motion were “void” and would not support an appeal.

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