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634 So. 2d 595

M.C. v. K.B.

Court of Civil Appeals of Alabama

Decided February 11, 1994

Court of Civil Appeals of Alabama · decided 1994-02-11

Cited by 2 later decisions — most recently January 1998

2 state decisions

Key passage — most relied on by later courts

““(A) Direct appeal to appellate courts. “(1) Appeals from final orders, judgments or decrees of the juvenile court shall be to the appropriate appellate court, subject to the Alabama Rules of Appellate Procedure, if: “(a) A record certified as adequate by the juvenile court judge or a stipulation of facts is available and the right to a jury trial has been exercised or waived by all parties entitled thereto; or, “(b) The parties stipulate that only questions of law are involved and the juvenile court certifies the questions. “(B) Appeal to circuit court. Appeals from final orders, judgments or decrees in all other cases, including those cases in which there is not an adequate record as provided in subsection (A) of this rule, shall be to the circuit court for trial de novo and the case shall be heard by a different circuit judge if heard by a circuit judge in the first instance in the juvenile court. “(C) Notice of appeal. Written notice of appeal shall be filed within fourteen (lk) days of the judgment, order or decree appealed from, whether the appeal is to an appellate court or to the circuit court for trial de novo.””

quoted by 1 later decision, including M.C.S. v. State ex rel. A.H.

Relies on 585 So. 2d 60 - Asam v. City of Tuscaloosa

Good law ✅— No negative treatment on recordhow we know

Decided 1994-02-11

View the full empirical analysis of this case →

ROBERTSON, Presiding Judge.

¶1The Juvenile Court of Montgomery County entered a judgment on June 22, 1993, awarding the father, K.B., custody of K.K.B., a legitimated minor child. The mother, M.C., filed a timely post-judgment motion on July 1,1993. The motion was denied by an order of the trial court entered on August 13,1993. The mother filed a notice of appeal to this court on September 16, 1993. This appeal must be dismissed as untimely.

¶2Rule 28(c), A.R.Juv.P., provides that: “notice of appeal shall be filed within fourteen (14) days of the judgment, order or decree appealed from, whether the appeal is to an appellate court or to the circuit court for trial de novo.” Rule 2(a)(1), A.R.App.P. provides: “An appeal shall be dismissed if the notice of appeal was not timely filed to invoke the jurisdiction of the appellate court.” This court is without jurisdiction; therefore, this appeal is due to be dismissed. Asam v. City of Tuscaloosa, 585 So.2d 60 (Ala.Civ.App.1991).

¶3APPEAL DISMISSED.

THIGPEN and YATES, JJ., concur.
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