Andrews v. Andrews

BRADLEY, Judge.

The dispositive issue before this court is whether the trial court improperly dismissed husband’s posttrial motion filed timely but filed after the wife had filed notice of appeal from the final judgment.

The facts pertinent to this issue show that the trial court rendered a final judgment on the merits on December 17, 1985. The wife filed a notice of appeal on January 14, 1986. The husband filed a Rule 59(e), Alabama Rules of Civil Procedure, motion on January 15, 1986. The trial court dismissed the posttrial motion on February 10, 1986. The husband filed a notice of appeal…