Opinion

Tiongson v. Tiongson

  • 765 So. 2d 643
  • 2000 Ala. LEXIS 73
  • 2000 WL 264228
Court
Supreme Court of Alabama
Filed
Mar 10, 2000
Status
Published
Author
Brown
On the bench
Brown, Hooper, Houston, See, England
Cited by
8 cases
Authority
More cited than 75.9%

stating that "`a judgment of [a Court of Appeals] is not final until that court issues its certificate of judgment'" (quoting Jackson v. State,566 So.2d 758, 759 n. 2 (Ala. 1990))

How later courts described this case

  • stating that "`a judgment of [a Court of Appeals] is not final until that court issues its certificate of judgment'" (quoting Jackson v. State,566 So.2d 758, 759 n. 2 (Ala. 1990))
  • a judgment of this court is not final until this court issues a certificate of judgment

Written by the judges who cited it.

The opinion

BROWN, Justice.

The petition for the writ of certiorari is denied.

This Court has held that a “judgment of [a Court of Appeals] is not final until that court issues its certificate of judgment, and an application for rehearing in that court and a petition in this Court for writ of certiorari stay the issuance of that certificate.” Jackson v. State, 566 So.2d 758 , 759 n. 2 (Ala.1990); Rule 41, Ala.R.App.P. Only “upon the filing of a copy of [this Court’s order] denying the petition for cer-tiorari” will the Court of Civil Appeals issue its certificate of judgment. Rule 41(b), Ala.R.App.P. Accordingly, the November 16, 1999, order of the trial court is void because that court lacked jurisdiction to issue that order, and the filing of a motion to stay is unnecessary.

WRIT DENIED.

HOOPER, C.J., and HOUSTON, SEE, and ENGLAND, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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