Rule 60(a) Clerical Correction Does Not Affect Deadline to Appeal

The plaintiff mistakenly timed his appeal from the day on which the trial court, under Rule 60(a), corrected a clerical error in its final judgment. He should have measured from the day the original judgment was entered. Filed more than 42 days after the original judgment, his appeal was late and was dismissed. Barnes v. HMB, LLC, No. 2071241 (Ala. Civ. App. May 15, 2009).

Continue reading