Appellate Law

Appeal Dismissed Because Judgment Entered in Will Contest Void

The Supreme Court sue sponte dismissed the appeal in Jean v. Jean, [Ms. 1080989] (Ala. Sept. 19. 2009),  because the underlying judgment was void.  The underlying dispute was a will contest originally brought in probate court, which was transferred to the circuit court.  The plaintiff amended the will contest to also bring claims for breach of contract and negligence.  But a will contest originally brought in probate court, even if transferred to circuit court, can only address issues relating to the validity of the will. Slip Op. p. 5.  The court is without jurisdiction to consider other issues.  Slip Op. p. 6.  Because the trial court did not have jurisdiction to enter the judgment, the judgment was void.  A void judgment will not support an appeal, so the appeal was dismissed.

Full post as published by Alabama Appellate Watch on September 24, 2009 (boomark / email).