Ex Parte Alabama Power Company (in Re: Alabama Power Company v. Michael C. Armstrong)

Summary

The court denied Alabama Power's petition for mandamus seeking dismissal of the property owners' appeal from a condemnation judgment. Although the notice of appeal referred to the preliminary order granting condemnation rather than expressly identifying the later order of condemnation, it was timely filed in the probate court, invoked the governing appeal statute, and was confirmed by the probate court's transfer order as covering the final condemnation judgment. Justice Bolin, dissenting, would have held that the notice plainly appealed the nonappealable preliminary order and that the circuit court lacked jurisdiction.