Equity Saves Late Appeal; Condemnation Order “Made” When Signed

In a first decision under Ala. Code § 18-1A-283, the Alabama Supreme Court held that a condemnation order was “made” when signed, and not when it was later “recorded in the probate minutes.” An appeal filed thirty-one days after the order was signed was therefore untimely. Given the confusing language used throughout the state’s Eminent Domain Code, however, and considering the facts of the case, equity would permit the late appeal to proceed. Ex parte State (In re Boutwell v. State), No. 1050299 (Ala. Sept. 21, 2007).

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Condemnation Order Which Postponed Compensation Award Could Not Be Certified Under Rule 54(b)

The Supreme Court of Alabama dismissed an appeal for lack of jurisdiction where the circuit court’s order, though certified as final under Rule 54(b), reserved the issue of compensation for later determination. State of Alabama v. Brantley Land, L.L.C., No. 1050668 (Ala. June 29, 2007).  Such a partial order could not be certified under Rule 54(b).

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