McPherson v. Felker

OPINION

STUMBO, Judge:

This appeal addresses the following procedural question: Is a signed order granting summary judgment, which was faxed to the clerk and entered in the docket, a final judgment for purposes of calculating the timeliness of a subsequent motion to alter, amend or vacate? The Montgomery Circuit Court held that the faxed order was the final judgment, and on that basis ruled that Patricia McPherson’s motion to vacate was untimely filed. We agree and affirm.

In 2006, McPherson filed a medical malpractice suit in the Montgomery Circuit Court against John G. Felker, M.D. Felker…