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.
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.