Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ex parte Avondale Gardens, LP

Alabama Court of Civil Appeals

May 7, 2019

Ex parte Avondale Gardens, LP, d/b/a Avondale Gardens Apartments
v.
Essex Parker et al. In re: Avondale Gardens, LP

          Jefferson Circuit Court, CV-18-904887

          PETITION FOR WRIT OF MANDAMUS

          MOORE, JUDGE.

         Avondale 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.

         Procedural History

         On October 15, 2018, Avondale filed a complaint in the district court alleging unlawful-detainer and ejectment claims against the defendants.

         On 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 to [Avondale]:
"....
"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."[1]

         On December 20, 2018, the defendants filed their notice of appeal to the circuit court.

         On 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.

         Standard ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.