83 So. 3d 512
Ala.2011Background
- Arlington filed unlawful-detainer suit in Etowah District Court; district court granted Arlington judgment July 21, 2009; Brown had seven days to appeal with entry deemed July 27, 2009; Brown filed notice of appeal August 4, 2009; Arlington moved to dismiss August 12, 2009; circuit court denied motion October 7, 2009; Arlington petitioned for mandamus to Court of Civil Appeals October 14, 2009; Court of Civil Appeals granted mandamus to dismiss as untimely; Brown sought certiorari review to this Court alleging legal error; issue centered on time-computation statutes and Rule 6(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 6(a) applies to time computation under §§ 6-6-350 and 35-9A-461(d). | Brown argues Rule 6(a) governs time, so seven days is calendar days. | Arlington argues the statutes govern time and Rule 6(a) does not apply. | Rule 6(a) applies; seven-day period uses calendar-day rule unless exceptions apply. |
| Whether § 35-9A-461(a) modifies Rule 6(a) for residential eviction-related appeals. | Brown contends § 35-9A-461(a) modifies/apply Rule 6(a) differently. | Arlington contends no modification to Rule 6(a) for these appeals. | Statute does not modify Rule 6(a); Rule 6(a) applies. |
| Whether Brown’s notice of appeal was timely under Rule 6(a) and § 35-9A-461(d). | Brown timely filed notice of appeal. | Arlington argued untimely filing. | Brown timely filed; circuit court properly denied motion to dismiss. |
Key Cases Cited
- League of Women Voters v. Renfro, 292 Ala. 128, 290 So. 2d 167 (1974) (statutory-interpretation framework emphasizing legislative intent)
- Darks Dairy, Inc. v. Alabama Dairy Comm'n, 367 So. 2d 1378 (Ala. 1979) (look to language and purpose of statute in construction)
- Ex parte Waddail, 827 So. 2d 789 (Ala. 2001) (plain meaning governs; avoid absurd results)
- City of Bessemer v. McClain, 957 So. 2d 1061 (Ala. 2006) (interpretation to discern legislative intent in context of act)
- Whitehurst v. Baker, 959 So. 2d 69 (Ala. 2006) (cited for de novo review standard on issues of law)
- Taylor v. Cox, 710 So.2d 406 (Ala. 1998) (statutory construction principles referenced)