Spina v. Causey

Defendants appeal from a jury verdict for the plaintiff for $20,000.00, followed by plaintiff's filing a cross-appeal and a motion to dismiss the appeal. The case was heard by this Court on the motion and the merits. We grant the motion to dismiss, due to untimely filing of the notice of appeal under Rule 4 (a)(3), ARAP, and Rule 59.1, ARCP.

Plaintiff Causey purchased from defendants Spina a 70-year-old warehouse building in Birmingham for $107,800.00 on November 19, 1976. Certain warranties in the contract, but not contained in the deed, precipitated suit some two years later by the plaintiff…