410 So.3d 1135
Ala. Civ. App.2024Background
- The City of Wetumpka filed an unlawful detainer action and sought $20,000 in damages against Michael Glenn in the Elmore District Court.
- The district court entered a default judgment granting the city possession of the property and allowing the city to seek damages; the judgment was certified as final.
- Glenn moved to set aside the default judgment, arguing he had not been served with the summons and complaint.
- The district court denied Glenn's motion, and Glenn appealed that denial to the circuit court.
- The circuit court dismissed Glenn's appeal as untimely based on a 7-day appeal limit for unlawful detainer actions, rather than the 14-day period for postjudgment motions under Rule 60(b).
- Glenn appealed the circuit court's decision to the Alabama Court of Civil Appeals.
Issues
| Issue | Glenn's Argument | City's Argument | Held |
|---|---|---|---|
| Timeliness of appeal from denial of Rule 60(b)(4) motion | Had 14 days to appeal denial of Rule 60(b) motion | Only 7-day limit applies to any appeal in unlawful detainer actions | Glenn's appeal timely; 14-day period applies |
| Nature of postjudgment motion | Motion contested lack of service (thus Rule 60(b)(4)) | Motion was under Rule 55 and untimely | Treated as Rule 60(b)(4) motion |
| Applicability of 7-day vs 14-day rule | 14 days for Rule 60(b) motion appeals | 7 days for all appeals in unlawful detainer cases | 14 days applies to Rule 60(b)(4) motions only |
| Circuit court’s subject-matter jurisdiction | Properly invoked due to timely appeal | Lacked jurisdiction due to untimeliness | Circuit court erred in dismissing for lack of jurisdiction |
Key Cases Cited
- Ex parte Johnson, 715 So. 2d 783 (Ala. 1998) (courts look to substance, not title, in determining nature of a motion)
- Allsopp v. Bolding, 86 So. 3d 952 (Ala. 2011) (lack of service is a valid basis for collateral attack under Rule 60(b)(4))
- Food World v. Carey, 980 So. 2d 404 (Ala. Civ. App. 2007) (denial of Rule 60(b) motion is independently appealable)
- Djibrine v. State Farm Mut. Auto. Ins. Co., 4 So. 3d 1136 (Ala. Civ. App. 2008) (14-day appeal period applies to denial of Rule 60(b) motions in district court)