Pierce v. American General Finance, Inc.
Decision Date | 28 March 2008 |
Docket Number | 1060060. |
Parties | Atheal PIERCE v. AMERICAN GENERAL FINANCE, INC. |
Court | Alabama Supreme Court |
Atheal Pierce, pro se.
Dayna R. Burnett and Charles N. Parnell III of Parnell & Crum, P.A., Montgomery, for appellee.
Atheal Pierce appeals from a judgment entered by the Montgomery Circuit Court in favor of American General Finance, Inc. ("American General"). Because we conclude that the circuit court was without jurisdiction to enter the judgment, we dismiss the appeal.
In March 1998, American General loaned money to Pierce, for which it took a mortgage in a parcel of property he owned. In February 1999, American General loaned money to Pierce a second time, for which it took a mortgage in a separate parcel of property he owned. Pierce ultimately defaulted on both loans, as a result of which American General foreclosed on the mortgages. On April 26, 2005, before the foreclosure sale of the two parcels, Pierce filed a voluntary bankruptcy petition under Chapter 13 of the United States Bankruptcy Code. The bankruptcy court dismissed his case on September 15, 2005. Pierce appealed the dismissal of his bankruptcy case to the United States District Court for the Middle District of Alabama.
On October 31, 2005, the foreclosure sale of Pierce's property was held. American General purchased both parcels of property at that sale and demanded that Pierce deliver possession of the property to it. Pierce failed to do so, and, on December 19, 2005, American General filed an ejectment action against Pierce. On December 28, 2005, the federal district court dismissed Pierce's appeal of his bankruptcy case as untimely filed.
On January 23, 2006, Pierce filed a motion to dismiss or to stay American General's action against him, alleging that his bankruptcy case was still pending. The circuit court entered an order on January 27, 2006, stating that American General's action would be dismissed without prejudice unless American General obtained leave from the bankruptcy court within 60 days to further prosecute its claims. On February 9, 2006, American General filed a motion to remove the case from the circuit court's administrative docket and to set it for trial. In its motion, it recounted the history of Pierce's bankruptcy case, pointing out that the bankruptcy case had been dismissed. On February 13, 2006, the circuit court set American General's action for a bench trial on May 31, 2006.
On March 26, 2006, the circuit court signed the following order:
(Capitalization in original.) The record reflects that this order was filed in the clerk's office on April 25, 2006, and was entered into the State Judicial Information System on May 2, 2006.1
Despite the judgment dismissing American General's action, the circuit court, on July 18, 2006, entered an order setting the case for a bench trial on August 29, 2006. There is no order in the record setting aside the circuit court's judgment of dismissal.
On August 29, 2006, Pierce filed a motion in which he appeared to request that the court stay all proceedings in the case. The circuit court denied Pierce's motion on the following day, with no explanation, by stamping "denied" on the face of the motion.
Pierce did not appear for the scheduled bench trial. On August 31, 2006, the circuit court purportedly entered a judgment in favor of American General. It found that American General was entitled to immediate possession of Pierce's property that had been subject to the mortgage executed in 1998, and it ordered the Montgomery County Sheriff to assist American General in obtaining possession of that property.2 The purported judgment also included a monetary award to American General in the amount of $6,825 for the rental value of the property while Pierce wrongfully occupied it and for attorney fees American General incurred in bringing the action. Finally, the purported judgment declared that Pierce had forfeited his statutory right of redemption. Pierce appeals.
The issue on appeal is whether the circuit court had jurisdiction to proceed in the matter after dismissing the case without prejudice. We review such a question de novo. Solomon v. Liberty Nat'l Life Ins. Co., 953 So.2d 1211, 1218 (Ala.2006) ().
Pierce contends that the circuit court's purported judgment of August 31, 2006, is void because, before the court entered that judgment, it had previously entered a judgment dismissing the case and therefore, he argues, it was without jurisdiction to proceed in the matter. We agree.
Rule 59(e), Ala. R. Civ. P., provides that a court, on the motion of a party, can alter, amend, or vacate a judgment if the Rule 59(e) motion is filed within 30 days of the entry of the judgment. No such motion appears in the record. Rule 59 likewise allows a trial court to alter, amend, or vacate its judgment sua sponte within 30 days of the entry of the judgment, see Ennis v. Kittle, 770 So.2d 1090, 1091 n. 1 (Ala.Civ.App.1999); however, no such order appears in the record.3 Indeed, the next order in the record following the order of dismissal set the case for a bench trial on August 29, 2006, and it was not entered until July 18, 2006, well beyond the time period for the circuit court to act sua sponte to alter, amend, or vacate its judgment of dismissal under Rule 59. In the absence of a Rule 59 motion, "`a trial court generally loses jurisdiction to amend its judgment 30 days after the entry of judgment.'" Burgoon v. Burgoon, 846 So.2d 1096, 1097 (Ala.Civ. App.2002) (quoting Henderson v. Koveleski, 717 So.2d 803, 806 (Ala.Civ.App.1998)).
American General states that no bankruptcy case was pending when the circuit court entered its January 27, 2006, order requiring American General to obtain leave from the bankruptcy court to proceed with the case. Thus, it argues, the circuit court's subsequent dismissal of the case was a "mistake" subject to correction under Rule 60(a), Ala. R. Civ. P.
Rule 60(a) provides:
In Ex parte Brown, 963 So.2d 604 (Ala. 2007), this Court quoted the following "instructive discussion of the scope of a trial court's authority to correct a clerical mistake" under Rule 60(a) from the Court of Civil Appeals' decision in Higgins v. Higgins, 952 So.2d 1144 (Ala.Civ.App.2006):
To continue reading
Request your trial-
K.M.D. v. T.N.B.
...with a long line of prior decisions of this court and our supreme court." 227 So.3d at 518. However, neither Pierce v. American General Finance, Inc., 991 So.2d 212, 215 (Ala. 2008), nor Cornelius v. Green, 477 So.2d 1363, 1365 (Ala. 1985), the only supreme court cases cited by the dissent,......
-
Barrett v. Barrett
..." ‘ "a trial court generally loses jurisdiction to amend its judgment 30 days after entry of judgment." ’ " Pierce v. American Gen. Fin., Inc., 991 So.2d 212, 215 (Ala.2008) (quoting Burgoon v. Burgoon, 846 So.2d 1096, 1097 (Ala.Civ.App.2002), quoting in turn Henderson v. Koveleski, 717 So.......
-
A.T. v. D.M.
...that there be something in the record from which the mistake or error to be corrected may be gleaned.’ " ’ " Pierce v. American Gen. Fin., Inc., 991 So.2d 212, 217 (Ala. 2008) (quoting Ex parte Brown, 963 So.2d 604, 608 (Ala. 2007), quoting in turn Higgins v. Higgins, 952 So.2d 1144, 1148 (......
-
Woodward v. State
...and to reinstate the April 18, 2006, order." 963 So.2d at 607-09 (footnote omitted; some emphasis added). In Pierce v. American General Finance, Inc., 991 So.2d 212 (Ala.2008), American General filed an ejectment action against Pierce. In response, Pierce filed a motion to dismiss or to sta......