Legal Opinion

Ex Parte Vaughan

Supreme Court of Alabama

Decided January 27, 1989No. 87-1536PublishedCited by 33 opinions

1Opinion of the Court

After an examination of the petition for writ of certiorari, it is our considered opinion that the writ is due to be denied. We note that Mr. Vaughan's appeal to the Court of Civil Appeals was not timely. A trial court does not have jurisdiction to entertain a motion to reconsider the denial of a Rule 60(b), A.R.Civ.P., motion. See Ex parte Dowling,477 So.2d 400 (Ala. 1985). Consequently, the Alabama Rules of Appellate Procedure do not suspend the running of the time for filing a notice of appeal during the pendency of a motion to reconsider the denial of a Rule 60(b) motion. See…

2Cases cited3 opinions

  1. Ex Parte DowlingSupreme Court of Alabama · 1985
  2. Ex Parte LangSupreme Court of Alabama · 1986
  3. Spriggs Enterprises, Inc. v. Malbis Plantation, Inc.Supreme Court of Alabama · 1987

3Cited by33 opinions

  1. Ex Parte S. Palmer KeithSupreme Court of Alabama · 1998
  2. Ex Parte GambleCourt of Civil Appeals of Alabama · 1998
  3. Ex Parte JordanSupreme Court of Alabama · 2000
  4. PINKERTON SEC. AND INVES. SERV., INC. v. ChambleeSupreme Court of Alabama · 2006
  5. Wadsworth v. Markel Ins. Co.Court of Civil Appeals of Alabama · 2005

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