Legal Opinion · Dissent

D.B.R. v. Mobile County Department of Human Resources

Court of Civil Appeals of Alabama

Decided January 16, 1998No. 2960799Published

1DissentCrawley, Judge

I do not agree that the appeal was untimely. The father’s March 18, 1997, pro se filing entitled “Appeal of Decisions of March 3, 1997” was treated by the trial court — and should be construed by this court — both as a petition for rehearing pursuant to § 12-15-6(d), Ala.Code 1975, and as a notice of appeal.

Upon receipt of that filing, the juvenile court not only denied the father post-judgment relief, but also appointed him appellate counsel and granted him a free transcript on appeal. The father’s appointed counsel, taking her cue from the trial court, also treated her client’s earlier pro…

2Cases cited4 opinions

  1. Edmondson v. BlakeySupreme Court of Alabama · 1976
  2. Smoke v. STATE, DEPT. OF PENSIONS AND SECURITYCourt of Civil Appeals of Alabama · 1979
  3. F.D.M. v. C.D.S.Court of Civil Appeals of Alabama · 1994
  4. Ex Parte SingletonSupreme Court of Alabama · 1985

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API