Mitchell v. Campbell

I respectfully dissent. I cannot agree that the notice of appeal filed by Aaron Christopher Mitchell (“the husband”) was untimely filed. Because, based on my reading of the motion, I would construe the husband’s July 2, 2015, motion as a Rule 60(b), Ala. R. Civ. P., motion, I con-elude that the husband’s appeal was timely filed from the denial of that motion.

The husband’s July 2, 2015, motion directed to the trial court’s May 30, 2015, default judgment divorcing him from Shauna Lee Campbell (“the wife”) was filed more than 30 days after the entry of the judgment.2 Thus, the husband’s motion…