Cook v. City of Gadsden

After Remand from the Alabama Supreme Court

WISE, Judge.

On November 21, 2001, this Court entered an order dismissing Matthew Ryan Cook’s appeal from the Etowah Circuit Court’s dismissal of his de novo appeal, based on the fact that Cook died before the scheduled trial de novo began. See Rule 43(a), Ala.R.App.P.; Evans v. State, 728 So.2d 1164 (Ala.Crim.App.1998). Thereafter, Cook’s estate petitioned the Alabama Supreme Court for certiorari review of this Court’s dismissal of the appeal. On July 3, 2002, the Alabama Supreme Court remanded the case to this Court with directions that we remand…