As Mobile, Alabama Business Lawyers we always pay close attention to significant decisions by the Alabama State and Federal Courts that have an impact on Business Law or Business Litigation in Alabama.
In a case should be of interest to those involved with Business Law, the Alabama Court of Civil Appeals in Evans v. Anderson, No. 2130468 (Ala.Civ. App., March 6, 2015), held that the filing of a foreign judgment in an Alabama court for the purpose of domesticating that judgment did not constitute the filing of a “complaint.” Consequently, a motion to “dismiss” the filing under Rule 12 of the rules of Civil Procedure based on lack of personal jurisdiction was procedurally inappropriate and would be consider a motion filed under Rule 60(b)(4). However, the court also noted that the filing of a “motion to reconsider” with respect to a ruling on what was substantively a Rule 60 motion did not suspend the running of the 42-day time for appeals because Rule 59 motions were not permitted following denials of Rule 60 motions. Thus, when the defendant appealed within 42 day of the court’s denial of the “motion to reconsider” but not within 42 days of the original order of the court denying the motion to “dismiss,” the appeal was untimely and due to be dismissed.