August 29, 2014
Ex parte V.S.T. In re: V. S.T.
R.W. and B.W.
Released for Publication April 13, 2015.
PETITIONS FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS (2130112, 2130113, and 2130114). (Jefferson Circuit Court, Bessemer Division, No. 50041554, No. 50041555, and No. 50041556, Sherri Coleman Friday, Trial Judge).
For Petitioner: E. Emmanuel Scozzaro, Jr., Helena.
1131077 -- WRIT DENIED. NO OPINION.
1131081 -- WRIT DENIED. NO OPINION.
1131082 -- WRIT DENIED. NO OPINION.
Stuart, Bolin, Main, and Bryan, JJ., concur.
Moore, C.J., and Parker and Murdock, JJ., dissent.
MURDOCK, Justice (dissenting).
The Court of Civil Appeals dismissed all of these appeals as untimely. It appears that a final judgment was entered in V.S.T.'s favor in a collateral action under § 26-10A-25(d), Ala. Code 1975; that she then filed a timely
post judgment motion pursuant to Rule 59, Ala. R. Civ. P.; and that she timely appealed within 42 days of the denial of that motion. Also, I find the petitions before us sufficiently compliant with the requirements of Rule 39, Ala. R. App. P. I therefore dissent from the Court's decision refusing to consider the petitions.