First Nat. Bank of Birmingham v. Garrison

(limited concurrence) .

In my opinion the prevailing opinion, and especially the opinion on second appeal, is misleading and out of harmony with well-recognized principles of law touching the status and effect of a judgment during the thirty-day period after its rendition, within which, under our present statute, it is under the control of the court, or, as often said, within the breast of the court.

For this reason, the writer here presents his views with less detail than in the opinion prepared for consultation.

A final judgment of a court having jurisdiction to that end is effective from the…