Rhodes v. Fulmer

THOMPSON, Presiding Judge.

Drew D. Rhodes appeals from a judgment entered in favor of Janette Fulmer by the Calhoun Circuit Court. For the reasons stated herein, we dismiss the appeal as an untimely filed appeal.

Lennie P. Rhodes (“the decedent”) died testate on January 21, 1999. Her will named her son, Drew D. Rhodes (“Rhodes”), as the executor of her estate. In addition to Rhodes, the decedent had two other heirs, her daughters Janette Fulmer and Sandra Combs. The Calhoun Probate Court admitted the decedent’s will to probate on September 22,1999.

On October 3, 2005, Fulmer petitioned to have…