Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Cobb

The defendants, Merrill Lynch, Pierce, Fenner Smith, Inc., and Ann Holman, appeal from the trial court's denial of their motion to compel arbitration. The notice of appeal was not timely filed, and the appeal is dismissed ex mero motu.

The trial court denied the defendants' motion to compel arbitration on December 10, 1996. The denial of a motion to compel arbitration is an appealable order, and the defendants had 42 days in which to appeal. A.G. Edwards and Sons v. Clark,558 So.2d 358 (Ala. 1990). However, on December 27, 1996, the defendants filed a motion to alter, amend, or vacate the…