Supreme Court of Alabama

Luke Edwards v. Bruce L. Johnson

October 18, 20132013 Ala. LEXIS 148

Summary

The court dismissed the appeal because the defendants did not timely appeal the Rule 59.1 denial by operation of law of their Rule 55(c) motion. The defendants could not recast part of that motion as a Rule 60(b) motion or use a later Rule 60(b) motion to extend or revive the expired appeal period. The court therefore lacked jurisdiction to consider the appeal.