Appellate Law

Judgment Not Entered Into SJIS Will Not Support an Appeal

In Gilbreath v. Harbour, released August 15, the Alabama Court of Civil Appeals dismissed an appeal from an order because it was not entered into SJIS.

On September 13, 2007, the trial court entered a boundary-line judgment in favor of the Harbours.  On October 22, 2007, the trial court rendered an order that purported to certify the boundary-line judgment pursuant to Rule 54(b).  That order, however, was never entered into SJIS.  The Gilbreaths appealed.

On the Harbours' motion to dismiss the appeal, the court noted that Rule 58
(c) of the Alabama Rules of Civil Procedure provides that an order "shall be deemed entered...as of the actual date of input of the order or judgment into the State Judicial Information System."  Because the October 22, 2007 order purporting to certify the September 13, 2007 boundary-line judgment as a final judgment pursuant to Rule 54(b) was rendered, but never input into SJIS, it was never entered and could not be considered a final judgment that would support an appeal. Accordingly, the appeal was dismissed for lack of jurisdiction.

Full post as published by Alabama Appellate Watch on August 17, 2008 (boomark / email).