Spriggs Enterprises, Inc. v. Malbis Plantation, Inc.

Because the appeal in this case was taken more than 42 days from the date of the trial judge’s order denying Appellant’s motion for relief from judgment pursuant to Rule 60(b), A.R.Civ.P., Appellee’s motion to dismiss the appeal is granted on the authority of Brown v. Martin, 394 So.2d 375 (Ala.Civ.App.1980), cert. denied, 394 So.2d 377 (Ala.1981).1

APPEAL DISMISSED.

All the Justices concur.. We are mindful of Appellant’s position that the appeal was timely filed because it was filed within 42 days of the order denying its motion for a reconsideration of the denial of its Rule 60(b) motion. We…