Luce v. Huddleston

This case involves the dismissal of an appeal to circuit court.

Richard C Luce, pro se, filed a notice of appeal to the circuit court from a district court judgment against him and favoring George C. Huddleston. Huddleston filed a motion to dismiss Luce's appeal, alleging that Luce had failed or refused to timely post security for the costs, citing, inter alia, Ala. Code 1975, § 12-12-70. Luce ultimately posted security for costs; however, the circuit court granted Huddleston's motion to dismiss. Luce appeals.

Luce contends on appeal that the posting of security need not be contemporaneous with…