# Spriggs Enterprises, Inc. v. Malbis Plantation, Inc.

> Supreme Court of Alabama · January 16, 1987 · 502 So. 2d 374

URL: https://www.frixlaw.com/law-library/cases/7555576

## Case

- **Full name:** SPRIGGS ENTERPRISES, INC. v. MALBIS PLANTATION, INC.
- **Court:** Supreme Court of Alabama
- **Decided:** January 16, 1987
- **Citations:** 502 So. 2d 374; 1987 Ala. LEXIS 4142
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7555576

## Opinion text

PER CURIAM.
Because the appeal in this case was taken more than 42 days from the date of the trial judge’s order denying Appellant’s motion for relief from judgment pursuant to Rule 60(b), A.R.Civ.P., Appellee’s motion to dismiss the appeal is granted on the authority of Brown v. Martin, 394 So.2d 375 (Ala.Civ.App.1980), cert. denied, 394 So.2d 377 (Ala.1981). 1
APPEAL DISMISSED.
All the Justices concur.
. We are mindful of Appellant’s position that the appeal was timely filed because it was filed within 42 days of the order denying its motion for a reconsideration of the denial of its Rule 60(b) motion. We are also mindful of the fact that Rule 4(a)(3), A.R.App.P., has been amended to provide that the filing of post-judgment motions pursuant to Rule 55, A.R.Civ.P. (along with motions pursuant to Rules 50, 52, and 59, A.R. Civ.P.), shall suspend the running of the time for filing notice of appeal. The rules do not suspend the running of the time for filing a notice of appeal during the pendency of a motion to reconsider the denial of a Rule 60(b) motion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7555576. Public record. Not legal advice.