Hester v. City of Birmingham

These plaintiffs/appellants’ first action against the City of Birmingham was dis*931missed by the circuit court on July 30,1980. On September 11, 1980, they filed notice of appeal in that case. On October 21, 1980, this Court returned the notice of appeal and docket fee in that case, advising that the appeal was untimely.

Thereafter on December 14, 1980, the plaintiffs filed this suit. The complaint in this case is identical to the first, except that it adds “in violation of Article XII, § 235, Alabama Constitution of 1901” in each count. The City filed a motion to dismiss which included the…