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Slay v. Slay

Alabama Court of Civil Appeals

June 28, 2019

Deron E. Slay
v.
Stephanie C. Slay

          Appeal from Mobile Circuit Court DR-16-901654.

          Donaldson, Judge.

         Deron 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.

         Facts and Procedural History

         In 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.

         The 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.

         On 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.

         On May 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.

         On July 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."

         On July 16, 2018, the trial court entered an order that stated: "Motion to Continue filed by [the husband] is hereby Granted."

         On July 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 ...


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