Veteto v. Yocum
| Court | Alabama Court of Civil Appeals |
| Writing for the Court | CRAWLEY. |
| Citation | 793 So.2d 814 |
| Decision Date | 02 March 2001 |
| Parties | Ronald D. VETETO v. John C. YOCUM. |
793 So.2d 814
Ronald D. VETETOv.
John C. YOCUM
2000073.
Court of Civil Appeals of Alabama.
March 2, 2001.
Submitted on appellant's brief only.
CRAWLEY, Judge.
This is the third time these parties have been before this court. See Veteto v. Yocum, 794 So.2d 1117 (Ala.Civ.App.2000) ("Veteto I"), and Veteto v. Yocum, 792 So.2d 1117 (Ala.Civ.App.2001) ("Veteto II"). In June 1999, Ronald D. Veteto, an inmate in the state prison system, sued John C. Yocum, another inmate, in the Escambia County District Court for the balance of a loan Veteto claims he had made to Yocum. Veteto I, 794 So.2d at 1118. After the district court had dismissed the case for lack of prosecution— when neither inmate appeared for the trial —Veteto filed a Rule 59, Ala. R. Civ. P., motion to alter, amend, or vacate the district court's judgment of dismissal; a few days before that motion would have been deemed denied by operation of law, Veteto also filed a notice of appeal to the circuit court. Id. at 1118. The circuit court dismissed the appeal, holding that it was either premature (because the district court had not yet ruled on the postjudgment motion to alter, amend, or vacate) or untimely (because the appeal had not been filed within 14 days of the district court's judgment). Id. at 1118. Veteto appealed to this court; this court reversed, holding that Veteto's notice of appeal "served to withdraw his pending postjudgment motion" and thus divested the district court of jurisdiction over the case, and that jurisdiction had vested immediately in the circuit court for that court to conduct a trial de novo. Id. at 1119 (citing Herring v. Shirah, 542 So.2d 271, 272 (Ala.1988)).
In October 1999, while his post-judgment motion challenging the circuit court's dismissal was pending in the circuit court, Veteto filed a second—identical— complaint against Yocum in the district court.1 The district court dismissed the
Veteto's notice of appeal was stamped by the Escambia County circuit clerk as "filed" on March 29, 2000, more than 14 days after the dismissal of his case. See Ala.Code 1975, § 12-12-70(a) (prescribing the appeal period). Veteto wrote on his notice of appeal: "Submission date: March 20, 2000." He also, in an affidavit filed later, indicated that on March 20, 2000, three days before the expiration of the 14-day period, he had given the notice of appeal to a prison official for mailing.
In 1992, the Alabama Supreme Court adopted the approach of the United States Supreme Court in Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), for determining when, under the Alabama Rules of Appellate Procedure, a pro se prisoner-litigant's pleadings are deemed to be "filed." See Ex parte Williams, 651 So.2d 569, 571 (Ala.1992). In determining that a prisoner's petition for a writ of certiorari directed to the Court of Criminal Appeals was timely filed under Rule 25, Ala. R.App. P., the Willi...
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Perdue v. Green, 1101337 and 1101506.
...the defendant in a motion to dismiss, ... it is waived.’ ” Regions Bank v. Reed, 60 So.3d 868, 884 (Ala.2010) (quoting Veteto v. Yocum, 793 So.2d 814, 815 n. 1 (Ala.Civ.App.2001)). See also First Tennessee Bank, N.A. v. Snell, 718 So.2d 20, 27 (Ala.1998) (“[A] defendant must raise the first......
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Setala v. JC Penney Co., No. 22943.
...petitions and other post-conviction relief,7 the mailbox rule also applies when defendants are private litigants.8 In Veteto v. Yocum, 793 So.2d 814 (Ala.Civ.App.2001), Veteto, an inmate in the Alabama state prison system, sued another prisoner, Yocum, for the balance of a loan Veteto claim......
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Perdue ex rel. Perdue v. Green, 1101337
...the defendant in a motion to dismiss, ... it is waived." Regions Bank v. Reed, 60 So. 3d 868, 884 (Ala. 2010) (quoting Veteto v. Yocum, 793 So. 2d 814, 815 n. 1 (Ala. Civ. App. 2001)). See also First Tennessee Bank, N.A. v. Snell, 718 So. 2d 20, 27 (Ala. 1998) ("[A] defendant must raise the......
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Regions Bank v. Jean W. Reed, 1081619 and 1081712.
...of the motion to dismiss), it is waived. Chappell v. Boykin, 41 Ala.App. 137, 141, 127 So.2d 636, 639 (1960).”Veteto v. Yocum, 793 So.2d 814, 815 n. 1 (Ala.Civ.App.2001). “ ‘Typically, if a party fails to plead an affirmative defense, that defense is deemed to have been waived. Robinson v. ......
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Perdue v. Green, 1101337 and 1101506.
...the defendant in a motion to dismiss, ... it is waived.’ ” Regions Bank v. Reed, 60 So.3d 868, 884 (Ala.2010) (quoting Veteto v. Yocum, 793 So.2d 814, 815 n. 1 (Ala.Civ.App.2001)). See also First Tennessee Bank, N.A. v. Snell, 718 So.2d 20, 27 (Ala.1998) (“[A] defendant must raise the first......
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Setala v. JC Penney Co., No. 22943.
...petitions and other post-conviction relief,7 the mailbox rule also applies when defendants are private litigants.8 In Veteto v. Yocum, 793 So.2d 814 (Ala.Civ.App.2001), Veteto, an inmate in the Alabama state prison system, sued another prisoner, Yocum, for the balance of a loan Veteto claim......
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Perdue ex rel. Perdue v. Green, 1101337
...the defendant in a motion to dismiss, ... it is waived." Regions Bank v. Reed, 60 So. 3d 868, 884 (Ala. 2010) (quoting Veteto v. Yocum, 793 So. 2d 814, 815 n. 1 (Ala. Civ. App. 2001)). See also First Tennessee Bank, N.A. v. Snell, 718 So. 2d 20, 27 (Ala. 1998) ("[A] defendant must raise the......
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Regions Bank v. Jean W. Reed, 1081619 and 1081712.
...of the motion to dismiss), it is waived. Chappell v. Boykin, 41 Ala.App. 137, 141, 127 So.2d 636, 639 (1960).”Veteto v. Yocum, 793 So.2d 814, 815 n. 1 (Ala.Civ.App.2001). “ ‘Typically, if a party fails to plead an affirmative defense, that defense is deemed to have been waived. Robinson v. ......