Momar, Inc. v. Schneider

The majority concludes that Momar did not timely file a notice of appeal in this case because, it says, a motion filed pursuant to Rule 59, Ala.R.Civ.P., can be filed only to attack a "final judgment" and that the order appealed in this case was not a final judgment. Therefore, in the majority's view, Momar's postjudgment motion was not a proper Rule 59 motion that would toll the time for filing a notice of appeal.

Notably, however, Momar's postjudgment motion was, by its terms, made expressly pursuant to both Rule 52 and Rule 59 of the Alabama Rules of Civil Procedure. A motion made under…