holding that a notice of appeal is held in abeyance pending the resolution of a timely filed postjudgment motion filed after the notice of appeal was filed
How later courts described this case
- holding that a notice of appeal is held in abeyance pending the resolution of a timely filed postjudgment motion filed after the notice of appeal was filed
- holding a judgment that reserved the issue of child support indefinitely, and not pending the occurrence of a specific event, to be final
- reversing a trial court's judgment that did explain in writing why the trial court had deviated from the guidelines
- ‘an untimely filed notice of appeal results in a lack of appellate jurisdiction, which cannot be waived’
Written by the judges who cited it.
The opinion
I concur in the result reached by the main opinion except with respect to that opinion's reversal of the trial court's judgment insofar as it declined to award child support in this case. In my opinion, the trial court's judgment was sufficient to satisfy the requirements of Rule 32(A)(ii), Ala. R. Jud. Admin., and I therefore respectfully dissent as to the reversal of the judgment in that regard. *Page 490