Notice Filed in Wrong Court, And Not on Form ARAP-1, Nonetheless Secured Appeal

A homeowner filed a notice of appeal that was not on the Form 1 contained in the Alabama Rules of Appellate Procedure. Moreover, she mistakenly filed her notice in the county’s district rather than circuit court. However, her notice contained all the information required by law, and the district and circuit courts shared the same clerk. Her notice thus effected a timely appeal. Whorton v. Bruce, No. 2070501 (Ala. Civ. App. Feb. 20, 2009).

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Notice of Appeal Effective Even If Signed By Foreign Lawyer Not Admitted Pro Hac Vice

An appeal could not be dismissed merely because the notice of appeal was signed by an out-of-state lawyer, even if that lawyer was not admitted pro hac vice in Alabama. Ex parte Taylor, No. 1051315 (Ala. Jan. 18, 2008). Though a criminal case, Taylor has obvious relevance to civil practice.

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Court of Civil Appeals Addresses Exceptions to Final Judgment Rule and Deficiencies in Notice of Appeal

In McGough v. G&A, Inc., the Alabama Court of Civil Appeals addressed two issues of appellate interest.  First, it applied two exceptions to the rule that a judgment is not final unless it disposes of all claims.   Second, it discussed the effect of a notice of appeal that incorrectly named the parties to the appeal.    

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