# Tiongson v. Tiongson

> Supreme Court of Alabama · March 10, 2000 · 765 So. 2d 643

URL: https://www.frixlaw.com/law-library/cases/7734549

## Case

- **Full name:** Ex parte Glenn Daniel TIONGSON. (Re Ann Marie Tiongson v. Glenn Daniel Tiongson)
- **Court:** Supreme Court of Alabama
- **Decided:** March 10, 2000
- **Citations:** 765 So. 2d 643; 2000 Ala. LEXIS 73; 2000 WL 264228
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brown
- **Judges:** Brown, Hooper, Houston, See, England
- **Cited by:** 8 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/7734549

## How later opinions describe it (automated extraction)

- 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))

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7734549. Public record. Not legal advice.