Opinion

Russell v. Russell

  • 758 So. 2d 533
  • 1999 WL 1268390
Court
Supreme Court of Alabama
Filed
Dec 30, 1999
Status
Published
Author
Johnstone
On the bench
Johnstone, See
Cited by
13 cases

Overruled in part by Oliver v. Shealey, 2011 Ala. LEXIS 12 (2011)

Later courts went against this

  • Overruled in part by Oliver v. Shealey, 2011 Ala. LEXIS 12 (2011)

    To the extent Scott and Russell are inconsistent with our decision in Bad Toys Holdings, they are hereby overruled.
    Supreme Court of AlabamaJan 14, 2011in partRead it

The opinion

I concur except as to the holding that the circuit court properly transferred this appeal to this Court. Because the circuit court had no jurisdiction, appellate or otherwise, in this particular case, it was powerless to apply the appellate rules even as a discretionary matter. Thus this Court should dismiss this appeal for lack of timely notice of appeal to this Court. Such a dismissal would produce the same result as that reached by the scholarly main opinion.

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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