Legal Opinion · Dissent

Arlington Properties, Inc. v. Brown

Court of Civil Appeals of Alabama

Decided March 26, 2010No. 2090038Published

1DissentThomas, Judge

The main opinion holds that using Rule 6(a), Ala. R. Civ. P., to compute the period within which a party must file a notice of appeal in an unlawful-detainer or eviction action would unconstitutionally expand the jurisdiction of the circuit court. I disagree.

In Taylor v. Department of Industrial Relations, 409 So.2d 447, 449-50 (Ala.Civ.App.1982), overruled on other grounds by White v. Allen, 567 So.2d 295 (Ala.Civ.App.1989), this court held that Rule 6(a), Ala. R. Civ. P., could be used to compute the time for filing a notice of appeal under the provisions of the Unemployment Compensation…

2Cases cited2 opinions

  1. Taylor v. Department of Indus. RelationsCourt of Civil Appeals of Alabama · 1982
  2. White v. AllenCourt of Civil Appeals of Alabama · 1989

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