Harrison v. Alabama Power Co.

This is an appeal from a jury verdict in favor of defendant, Alabama Power Company (APCO). The appeal is dismissed.

The timely filing of notice of appeal under Rule 4 (a)(1), ARAP is a jurisdictional act. Thompson v. Keith, Ala.,365 So.2d 971 (1978); Holmes v. Powell, Ala., 363 So.2d 760 (1978). Unless the notice is filed within the applicable period of Rule 4, ARAP we are foreclosed from reaching the merits of the case. The facts surrounding the appellee's motion to dismiss this appeal do require inspection however. Those dates that are pertinent to our discussion follow:

March 28, 1978 —…