Court of Civil Appeals Dismisses Appeals For Lack of Jurisdiction

The duty of the appellate court to dismiss appeals where it does not have jurisdiction is evidenced in three cases from the Court of Civil appeals this week.

In K.S. v. H.S., {Ms. 2071034] (Ala. Civ. App. March 6, 2009), the Court of Civil Appeals dismissed the appeal ex mero motu because the underlying judgment was void. Because a void judgment will not support an appeal, the appeal had to be dismissed.

In W.C.R. v. D.A.L., [Ms. 2071167] (Ala. Civ. App. March 6, 2009), the Court of Civil Appeals, again ex mero motu, dismissed an appeal because the notice of appeal was untimely filed.

Finally, in Hollander v. Barnes, [Ms. 2070627] (Ala. Civ. App. March 6, 2009), the Court of Civil Appeals granted a motion to dismiss appeal where the appeal was not from a "final judgment." Because there was a claim still pending in the trial court, the judgment was not final and would not support an appeal.