Nunnery v. Nunnery

Court of Civil Appeals of Alabama

Decided September 6, 1991

Court of Civil Appeals of Alabama · decided 1991-09-06

Cited by 2 later decisions — most recently January 2009

2 state decisions

Key passage — most relied on by later courts

“Rule 59.1, [Ala.] R. Civ. P.[,] is clear that a postjudgment motion is denied by operation of law if the trial court fails to dispose of it within ninety days.”

quoted by 1 later decision, including Hobbs v. Heisey

Relies on 510 So. 2d 266 - Colburn v. Colburn

Good law ✅— No negative treatment on recordhow we know

Decided 1991-09-06

View the full empirical analysis of this case →

THIGPEN, Judge.

¶1This case arises from post-divorce proceedings regarding a petition to modify.

¶2An order was entered on December 3, 1990. The husband filed a motion to reconsider that order on December 18, 1990. That motion was denied by operation of law ninety days later. Rule 59.1, A.R.Civ.P. Subsequently, on April 8, 1991, the trial court granted the husband’s motion to reconsider. The wife appeals asking this court to reverse the April 8, 1991 order.

¶3Rule 59.1, A.R.Civ.P. is clear that a post-judgment motion is denied by operation of law if the trial court fails to dispose of it within ninety days. It follows, therefore, that the trial court was without jurisdiction to enter the order of April 8, 1991. Because that order was void and without effect, it will not support an appeal. Colb*1215urn v. Colburn, 510 So.2d 266 (Ala.Civ.App.1987).

¶4APPEAL DISMISSED.

ROBERTSON, P.J., and RUSSELL, J. concur.