Deron E. Slay
Stephanie C. Slay
from Mobile Circuit Court DR-16-901654.
E. Slay ("the husband") appeals from a judgment of
the Mobile Circuit Court ("the trial court").
Because we do not have jurisdiction over the husband's
appeal, we dismiss the appeal.
and Procedural History
December 2016, the husband filed a complaint for a divorce
from Stephanie C. Slay ("the wife") and for other
relief in the trial court. The wife filed an answer and
counterclaim. The issues were tried on March 15-16, 2018. On
March 23, 2018, the trial court entered a judgment divorcing
the parties and addressing all pending claims. On March 23
and March 28, 2018, the trial court entered orders correcting
clerical errors in the March 23, 2018, judgment.
husband and the wife each filed various motions after the
entry of the judgment. Some of the motions were directed to
the husband's attempts to obtain postjudgment discovery
from third parties. The following motions and rulings are
pertinent to our disposition of this appeal.
April 20, 2018, the husband filed a motion to alter, amend,
or vacate the March 23, 2018, judgment or in the alternative,
for a new trial, pursuant to Rule 59, Ala. R. Civ. P. On May
2, 2018, the trial court set the husband's motion for a
hearing to be held on May 30, 2018.
3, 2018, the wife filed a motion to continue the May 30
hearing on the husband's postjudgment motion. On May 4,
2018, the trial court entered an order granting the
wife's motion to continue without resetting the hearing
date. On May 8, 2018, the trial court entered an order
setting June 25, 2018, as the new hearing date for the
husband's postjudgment motion. On June 27, 2018, the
trial court entered an order setting the hearing for the
husband's postjudgment motion on July 23, 2018. Later
that same day, the trial court entered an order setting the
hearing on July 16, 2018.
13, 2018, the husband's counsel and the wife's
counsel both signed and submitted to the trial court a
"Joint Motion for Delay Specifically Extending Rule 59.1
90-Day Deadline." In their motion, the parties stated:
"Come now the parties, by and through respective
counsel, and move this court for a delay of the July 16,
2018, hearing date.
"The parties expressly consent to a delay beyond 90 days
from the date of the filing of the post-judgment motion that
is presently scheduled to be heard on the date in question;
said 90 days occurring on July 18, 2018.
"WHEREFORE, premises considered, the parties expressly
request a delay pursuant to Rule 59.1[, Ala. R. Civ. P.].
They ask for any further and different relief to which they
might be entitled."
16, 2018, the trial court entered an order that stated:
"Motion to Continue filed by [the husband] is hereby
17, 2018, the trial court entered an order setting August 15,
2018, as the hearing date for the husband's postjudgment
motion. On August 16, 2018, the trial court entered an order
purporting to deny the husband's postjudgment motion. The
husband filed a notice of appeal to this court ...