Smith v. Renter's Realty

• Decision Date: 04 October 2019
• Docket Number: 2180304
• Citation: 296 So.3d 850 (Mem)
• Parties: Ieisha SMITH v. RENTER'S REALTY
• Court: Alabama Court of Civil Appeals

296 So.3d 850 (Mem)

Ieisha SMITH

v.RENTER'S REALTY

2180304

Court of Civil Appeals of Alabama.

October 4, 2019

On Return to Remand

PER CURIAM.

The Madison Circuit Court ("the circuit court") has complied with this court's remand instructions. See Smith v. Renter's Realty, 296 So.3d 844, 850 (Ala. Civ. App. 2019). On July 25, 2019, the attorney general's office filed an "acceptance and waiver," accepting service and waiving the right to be heard in this matter. After a hearing, the trial court entered a judgment on August 12, 2019, dismissing the garnishment and declaring § 6-10-6.1, Ala. Code 1975, unconstitutional. The circuit court determined that the statute "represents an unconstitutional overreach by the legislature and a violation of the separation of powers principles."

On August 20, 2019, this court entered an order reinvesting the circuit court with jurisdiction for the purpose of entertaining any postjudgment motions the parties might have wished to file directed to the August 12, 2019, judgment. The State Judicial Information System indicates that neither party filed a postjudgment motion. Thus, jurisdiction over this matter has returned to this court.

"`Only adverse rulings by the trial court are reviewable on appeal. McCulloch v. Roberts, 290 Ala. 303, 276 So.2d 425 (1973).' Lewis v. Providence Hosp., 483 So.2d 398, 398 (Ala. 1986)." Ramer v. Ramer, 289 So.3d 819, 823 (Ala. Civ. App. 2019). Because Ieisha Smith, the party challenging the constitutionality of § 6-10-6.1, has ultimately prevailed in this matter, there is no adverse ruling from which she can appeal.

Accordingly, this appeal must be dismissed. Lewis v. Providence Hosp., 483 So.2d 398, 398 (Ala. 1986).

APPEAL DISMISSED.

Thompson, P.J., and Moore, Donaldson, Edwards, and Hanson, JJ., concur.