Veteto v. Yocum
| Court | Alabama Court of Civil Appeals |
| Writing for the Court | CRAWLEY. |
| Citation | 794 So.2d 1117 |
| Parties | Ronald D. VETETO v. John C. YOCUM. |
| Decision Date | 14 April 2000 |
794 So.2d 1117
Ronald D. VETETOv.
John C. YOCUM
2990273.
Court of Civil Appeals of Alabama.
April 14, 2000.
Rehearing Denied June 9, 2000.
Submitted on appellant's brief only.
CRAWLEY, Judge.
Ronald D. Veteto sued John C. Yocum in the Escambia County District Court. On May 14, 1999, when neither party appeared for the trial, the district court dismissed the action. Veteto filed several motions after the dismissal. He filed a motion for new trial on May 20, 1999, and, while that postjudgment motion was pending, filed a notice of appeal to the circuit court on June 1, 1999. The circuit court dismissed Veteto's appeal on September 23, 1999, stating that the appeal was either premature because Veteto's postjudgment motions were pending or untimely because it was not filed within 14 days of the district court's judgment. Veteto appeals. We reverse.
Veteto's postjudgment motion was filed within 14 days of the district court's judgment of dismissal, as required by Rule 59(dc), Ala. R. Civ. P. The district court had 14 days to rule on that motion; because the court did not rule on the motion within 14 days, the motion was deemed denied by operation of law on June 3, 1999. See Rule 59.1(dc), Ala. R. Civ. P. Veteto had 14 days after the denial of his postjudgment motion to appeal the judgment. Ala.Code 1975, § 12-12-70(a). Veteto filed his notice of appeal early, on June 1. The circuit court was incorrect in concluding that Veteto's notice of appeal was untimely.
The circuit court also based its judgment on the prematurity of the notice of appeal. We must determine whether the prematurity of Veteto's notice of appeal was an appropriate basis for dismissal. The Rules of Appellate Procedure clearly address how this court must treat notices of appeal filed while postjudgment motions are pending. See Rule 4(a)(5), Ala. R.App. P. (stating that the notice of appeal will be held in abeyance until the postjudgment motions are ruled upon or deemed denied by operation of law).
Before the rules were changed to address the problem, however, the filing of a notice of appeal by the party whose postjudgment motion was pending in the trial court resulted in the withdrawal of that party's postjudgment motion. See Herring v. Shirah, 542 So.2d 271, 273 (Ala. 1988). The supreme court explained that it had two options in a case in which a party had filed a postjudgment motion and then, before the postjudgment...
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Thompson v. State ex rel. Jett, 2180977
...of a father's Rule 60(b) motion in a juvenile court did not effectuate the withdrawal of the Rule 60(b) motion:"In Veteto v. Yocum, 794 So. 2d 1117 (Ala. Civ. App. 2000), this court considered what effect the filing of a notice of appeal from a district-court judgment would have if the dist......
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Thompson v. State ex rel. Jett, 2180977
...of a father's Rule 60(b) motion in a juvenile court did not effectuate the withdrawal of the Rule 60(b) motion:"In Veteto v. Yocum, 794 So. 2d 1117 (Ala. Civ. App. 2000), this court considered what effect the filing of a notice of appeal from a district-court judgment would have if the dist......
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Veteto v. Yocum
...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 i......
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Williams v. Mari Props., LLC, 1190555
...deemed withdrawn upon the filing of the notice of appeal, and jurisdiction immediately vests in the circuit court. See Veteto v. Yocum, 794 So. 2d 1117 (Ala. Civ. App. 2000). Thus, the filing of the notice of appeal on October 9, 2019, served to withdraw Mari's motion to vacate filed on Oct......
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Thompson v. State ex rel. Jett, 2180977
...of a father's Rule 60(b) motion in a juvenile court did not effectuate the withdrawal of the Rule 60(b) motion:"In Veteto v. Yocum, 794 So. 2d 1117 (Ala. Civ. App. 2000), this court considered what effect the filing of a notice of appeal from a district-court judgment would have if the dist......
-
Thompson v. State ex rel. Jett, 2180977
...of a father's Rule 60(b) motion in a juvenile court did not effectuate the withdrawal of the Rule 60(b) motion:"In Veteto v. Yocum, 794 So. 2d 1117 (Ala. Civ. App. 2000), this court considered what effect the filing of a notice of appeal from a district-court judgment would have if the dist......
-
Veteto v. Yocum
...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 i......
-
Williams v. Mari Props., LLC, 1190555
...deemed withdrawn upon the filing of the notice of appeal, and jurisdiction immediately vests in the circuit court. See Veteto v. Yocum, 794 So. 2d 1117 (Ala. Civ. App. 2000). Thus, the filing of the notice of appeal on October 9, 2019, served to withdraw Mari's motion to vacate filed on Oct......