Legal Opinion

J.D. v. M.B.

Court of Civil Appeals of Alabama

Decided August 12, 2016No. 2150129PublishedCited by 2 opinions

1Opinion of the Court

DONALDSON, Judge.

An order denying a motion filed under Rule 77(d), Ala. R. Civ. P., seeking permission to file an out-of-time notice of appeal is appealable. See, e.g., Johnson v. Emerson, 185 So.3d 1120 (Ala.Civ.App.2015). In this case, J.D. (“the father”) appeals from a judgment entered by the Morgan Probate Court (“the probate court”) granting the petition of M.B. (“the stepfather”) to adopt J.E.E. (“the child”), the father’s child. However, the father did not file a timely notice of appeal from that judgment. Furthermore, we conclude, that the father did not properly appeal from the…

2Cases cited9 opinions

  1. Ex Parte SmithSupreme Court of Alabama · 1983
  2. City of Huntsville v. MillerSupreme Court of Alabama · 1958
  3. Thompson v. KeithSupreme Court of Alabama · 1978
  4. Payne v. Department of Industrial RelationsCourt of Civil Appeals of Alabama · 1982
  5. Altmayer v. StremmelSupreme Court of Alabama · 2004

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3Cited by2 opinions

  1. J.A. f/k/a J.A.H. v. C.G.H. and M.C.H .Court of Civil Appeals of Alabama · 2023
  2. Mousseau v. WigleyCourt of Civil Appeals of Alabama · 2017

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