Appellate Law

Appeal is from denial of Rule 60 motion, not underlying judgment

In Djibrine v. State Farm Mut. Auto. Ins. Co., [Ms. 2070518] (Ala. Civ. App. Aug, 22, 2008), the Court of Civil Appeals reversed the Circuit Court's dismissal of an appeal from the district court as untimely. 

The district court entered a default judgment against Djibrine and, several months later, he moved to set aside the default pursuant to Rule 60(b).  The district court denied the Rule 60(b) motion, and Djibrine appealed that denial to the Circuit Court.  The Circuit Court dismissed the appeal as untimely because it was filed more than 14 days from the entry of default.  The Court of Civil Appeals reversed, holding that the appeal was from the denial of the Rule 60(b) motion and not the underlying judgment.  Therefore, the appeal was timely, and the matter was remanded to the Citcuit Court to hear the appeal of the denial of the Rule 60 motion.

Full post as published by Alabama Appellate Watch on August 29, 2008 (boomark / email).