Burgess v. Burgess

This is a divorce case.

The husband's motion for a new trial was filed on May 29, 1985. The trial court's order thereon dated August 29, 1985 was a nullity, since the husband's motion had been overruled by operation of Rule 59.1, A.R.Civ.P., as of August 27, 1985.Carnes v. Carnes, 365 So.2d 981 (Ala.Civ.App. 1978), cert.denied, 365 So.2d 985 (Ala. 1979). The husband had forty-two days after August 27, 1985, within which to appeal under Rule 4 (a)(1), (3), A.R.A.P. The last day that the husband could validly file his notice of appeal was on October 8, 1985, but it was not filed until October 9,…