Motion to Set Aside Default Judgment Tolls Appeal Deadline; Redundant Rule 59(e) Motion “Not Allowed”

The Court of Civil Appeals ordered the circuit court to set aside a default judgment. In doing so, the appellate court reviewed two less common points of post-judgment procedure. First, a motion to set aside a default judgment suspends the time for taking an appeal until the motion is ruled upon. Second, once a post-judgment motion is made, successive motions seeking the same relief are not allowed. Thibodeau v. Thibodeau, No. 2070924 (Ala. Civ. App. Dec. 5, 2008).

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Faxed Notice of Appeal Not “Filed,” Not Effective

A notice of appeal is not “filed” and effective if it is only faxed to the court clerk. L.M. v. Shelby County Dept. of Human Resources, No. 2060860 (Ala. Civ. App. Feb. 15, 2008). The Court of Civil Appeals ruled that a faxed notice of appeal, that was otherwise timely, did not invoke its jurisdiction, and dismissed the appeal.

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