Flannigan v. Jordan

Jerry E. and Charlotte Flannigan filed a petition for permission to appeal the Montgomery Circuit Court's denial of their motion to dismiss an appeal to that court from the Montgomery Probate Court. This Court granted the petition to address one legal issue: Whether in a case involving the removal by the probate court of an administrator from a decedent's estate, the seven-day appeal period of § 12-22-21(3), Ala. Code 1975, can be tolled by a "motion for reconsideration" filed after the seven days have expired. We reverse the judgment of the trial court and remand the case for that court to…