TRI-STATE AUTO AUCTION v. CROUCH

Civ. 4727.

475 So.2d 877 (1985)

TRI-STATE AUTO AUCTION and Georgia Casualty and Surety Company v. Ronald Eugene CROUCH, Ronald Eugene Crouch d/b/a/ Crouch Motors.

Court of Civil Appeals of Alabama.

August 21, 1985.


Attorney(s) appearing for the Case

Roger H. Bedford, Jr. of Bedford, Bedford & Rogers, Russellville, for appellants.

Dennis N. Odem, Florence, for appellees.


EDWARD N. SCRUGGS, Retired Circuit Judge.

The plaintiffs' Rule 59, A.R.Civ.P., motion was overruled by operation of Rule 59.1, and more than forty-two days thereafter having expired before the plaintiffs filed their notice of appeal, we do not have jurisdiction over the appeal and are left with no alternative but to dismiss it ex mero motu. Rule 2(a)(1), A.R.A.P.; State v. Wall, 348 So.2d 482 (Ala.1977); Haynes...

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