ANDREWS v. ANDREWS

Civ. 5246-X.

520 So.2d 505 (1986)

Beverly Nesbitt ANDREWS v. Marvin Nathaniel ANDREWS, Jr.

Court of Civil Appeals of Alabama.

Rehearing Denied August 20, 1986.


Attorney(s) appearing for the Case

W. Eugene Rutledge and Kay S. Kelly, Birmingham, for appellant.

Robert H. Adams and Jesse P. Evans, III of Corretti & Newsom, Birmingham, for appellee.


BRADLEY, Judge.

The dispositive issue before this court is whether the trial court improperly dismissed husband's posttrial motion filed timely but filed after the wife had filed notice of appeal from the final judgment.

The facts pertinent to this issue show that the trial court rendered a final judgment on the merits on December 17, 1985. The wife filed a notice of appeal on January 14, 1986. The husband filed a Rule 59(e), Alabama Rules of Civil Procedure...

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