Appeal Of Circuit Court’s Order Affirming Probate Court Dismissed Because Appeal to Circuit Court Was Untimely

In Williams v. Lollar, [Ms. 2070282] (Ala. Civ. App. Nov. 7, 2008), the probate court entered a judgment on a will contest.  The appellant filed a post-judgment motion, whcih was denied by operation of law.  After the motion was denied by operation of law pursuant to Rule 59.1, the probate court ruled on the post-judgment motion.  The appellant then appealed the ruling on the post-judgment ruling to the Circuit Court, which affirmed the probate court.  The appellant then appealed the Circuit Court’s ruling.  The Court of Civil Appeals held that the probate court lost jurisdiction to act after the post-judgment motions were denied by operation of law, and the appeal to the Circuit Court was untimely because it was not filed within 42 days of the denial by operation of law.  Because the appeal to the Circuit Court was untimely, the Circuit Court did not have jurisdiction and, therefore, the order affirming the probate court was void.  And, because a void judgment will not support an appeal, the appeal of the Circuit Court’s order was dismissed.