Ex parte Avondale Gardens, LP, d/b/a Avondale Gardens Apartments
Essex Parker et al. In re: Avondale Gardens, LP
Jefferson Circuit Court, CV-18-904887
PETITION FOR WRIT OF MANDAMUS
Gardens, LP, doing business as Avondale Gardens Apartments
("Avondale"), petitions this court for a writ of
mandamus directing the Jefferson Circuit Court ("the
circuit court") to dismiss the appeal filed by Essex
Parker, Felicia Parker, Devonte Bishop, Pamela Lambert, and
Breanna Bishop (hereinafter referred to collectively as
"the defendants") from a judgment entered by the
Jefferson District Court ("the district court") in
an unlawful-detainer and ejectment action filed by Avondale.
We grant the petition and issue the writ.
October 15, 2018, Avondale filed a complaint in the district
court alleging unlawful-detainer and ejectment claims against
December 10, 2018, the district court entered a judgment,
stating, in pertinent part:
"Judgment by trial is hereby entered in favor of
[Avondale] and against [the d]efendants on the Unlawful
Detainer. The Court hereby orders and adjudges that the
following property, as described in the complaint be restored
"Rent is ascertained to be $708.00 per month due on the
1st of the month. Rent in the amount of $1416.00 has accrued
since date of filing to date.
"Pursuant to Rule 54(b)[, Ala. R. Civ. P., ] and in
order to make this a final order, the Court specifically
finds that there is no just reason for delay and specifically
directs the immediate entry of judgment as to the defendants
for property sued for and costs of court with leave to prove
damages against the defendants on the money claim.
"Order announced in open Court."
December 20, 2018, the defendants filed their notice of
appeal to the circuit court.
January 2, 2019, Avondale filed in the circuit court a motion
to dismiss the appeal on the basis that the circuit court
lacked jurisdiction because the appeal was untimely. The
defendants filed a response to the motion to dismiss on
January 5, 2019, and, on January 7, 2019, Avondale filed a
reply to the defendants' response. On April 2, 2019, the
circuit court set the case for a trial to be held on May 10,
2019. Avondale then filed its mandamus petition.