Appellate Law

Another Appeal Dismissed For Failure To Comply With Rules For Appeals From Arbitration Awards

Yet another appeal was dismissed for failure to follow the rules for appealing arbitration awards.  In Lindsey v. Deep South Properties, LLC, [Ms. 1080701] (Ala. Aug. 21, 2009), Deep South Properties obtain an arbitration award against Lindsey.  Deep South filed a copy of the award with the circuit court and moved the court to enter judgment on the award, which it did.  Lindsey then filed a notice of appeal to the Supreme Court.  However, under Horton Homes, Inc. v. Shaner, 999 So. 2d 462 (Ala. 2008), and now Ala. R. Civ. P. 71B and 71C, Lindsey was required to file a motion to vacate the award in the trial court within 30 days of the entry of the judgment.  The motion to vacate in the trial court is a necessary prerequisite to filing an appeal,and the failure to file the motion prior to the appeal required that the appeal be dismissed.

Full post as published by Alabama Appellate Watch on September 02, 2009 (boomark / email).