Boutwell v. State

On Application for Rehearing

This Court’s opinion of September 8, 2006, is withdrawn, and the following is substituted therefor.

*1017The State has petitioned for certiorari review of a decision of the Court of Civil Appeals reversing the circuit court’s dismissal of James Craig Boutwell’s appeal in a condemnation proceeding. We affirm the judgment of the Court of Civil Appeals, but we do so on a rationale different from the rationale given by that court.

For more than 100 years, the only provision of Alabama law addressing appeals from orders of condemnation entered by probate courts allowed 30 days…