Haynes v. Haynes

ROBERT M. PARKER, Retired Circuit Judge.

This is an untimely appeal and is due to be dismissed.

Appellant filed a posttrial motion on March 22, 1984. The posttrial motion was not ruled upon until October 1, 1984. Appellant filed notice of appeal on November 13, 1984.

Under rule 59.1, Alabama Rules of Civil Procedure, the posttrial motion filed by appellant on March 22, 1984 could not remain “pending” more than ninety days. Because the motion was not disposed of by the trial court within the ninety day period and the period was not extended by express consent of all the parties, the posttrial…