DULANEY v. DULANEY (2009)

Patricia M. Dulaney (“the mother”) appeals from the Calhoun Circuit Court's judgment denying her motion to revive a previous judgment. Because that mother's notice of appeal was untimely filed, we dismiss the appeal for lack of jurisdiction.

Background

On August 26, 1994, the Calhoun Circuit Court (“the trial court”) entered a judgment for unpaid child support in favor of the mother and against Larry D. Dulaney (“the father”). On February 10, 2008, the mother moved the trial court to revive the 1994 judgment. See Ala.Code 1975, §§ 6-9-190 and 6-9-192. On February 20, the trial court entered a judgment denying her motion. On March 3, the mother filed a Rule 59(e), Ala. R. Civ. P, postjudgment motion to alter, amend, or vacate the trial court's judgment. The trial court conducted a hearing, and, on May 5, it denied the mother's postjudgment motion. However, the trial court did not enter its order denying the postjudgment motion in the State Judicial Information System (“the SJIS”), and it did not notify the mother of the entry of the order. The mother's attorney contacted the trial-court clerk's office on several occasions and was told each time that the matter was still under advisement. On August 22, the mother discovered the existence of the May 5 order. On August 25, the mother filed a Rule 60(b), Ala. R. Civ. P., motion for relief from the judgment and, alternatively, a motion to reconsider the denial of her Rule 59(e) postjudgment motion. On September 2, the trial court purported to grant the mother's motion to reconsider, but it denied her Rule 60(b) motion for relief from the judgment. On October 14, the mother appealed. The father filed a motion to dismiss the mother's appeal as untimely.

Analysis

The trial court purported to deny the mother's postjudgment motion on May 5, 2008. However, that order was not entered into the SJIS. See Rule 58(c), Ala. R. Civ. P. Therefore, that motion was denied by operation of law on June 3. See Rule 59.1, Ala. R. Civ. P.; see also Martin v. Martin, 998 So.2d 1081 (Ala.Civ.App.2008).¹ The mother had 42 days from that date-i.e., until July 15-to appeal. However, the mother did not file her appeal until October 14.² Therefore, her appeal is untimely and we grant the father's motion to dismiss.

APPEAL DISMISSED.

THOMAS, Judge.

THOMPSON, P.J., and PITTMAN, BRYAN, and MOORE, JJ., concur.