Washington v. Limerick
2011 Ala. LEXIS 2
Ala.2011Background
- Limerick's vehicle collided with Washington vehicle on April 13, 2006.
- Washingtons sued Limerick in Etowah Circuit Court on March 13, 2008.
- Trial court rendered judgment for Limerick on April 23, 2010.
- Washingtons moved for a new trial on May 21, 2010.
- A hearing was held August 20, 2010; court granted new trial August 24, 2010.
- Rule 59.1 90-day time limit expired August 19, 2010; no record consent to extension before expiry; extension after expiry null.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the August 24 order granting a new trial was void for lack of jurisdiction. | Washingtons contend motion timely filed within extensions. | Limerick asserts denial by operation of law on August 19, 2010. | Yes; order void for lack of jurisdiction. |
| Whether the trial court lost jurisdiction to rule after the 90-day period. | Washingtons argue continued jurisdiction despite extensions. | Rule 59.1 extensions must be on record before expiry. | Yes; court lost jurisdiction. |
| Whether mandamus is proper relief to compel vacatur of void order. | Mandamus appropriate to review posttrial rulings. | Mandamus inappropriate for void orders. | Yes; writ granted directing vacatur. |
Key Cases Cited
- Ex parte Jackson Hosp. & Clinic, Inc., 49 So.3d 1210 (Ala.2010) (mandamus review of trial court authority)
- Ex parte Caterpillar, Inc., 708 So.2d 142 (Ala.1997) (extensions to Rule 59.1 must be on record before expiry)
- Ex parte Davidson, 782 So.2d 237 (Ala.2000) (denial by operation of law terminates jurisdiction)
- Howard v. McMillian, 480 So.2d 1251 (Ala.Civ.App.1985) (any failure to rule within 90 days triggers Rule 59.1)
- Ex parte Johnson Land Co., 561 So.2d 506 (Ala.1990) (no distinction for inadvertent delay; Rule 59.1 applies)