490 So. 2d 18 | Ala. Civ. App. | 1986
This case involves a final judgment which granted a motion to dismiss Mr. Lambert's appeal to the circuit court from an order of the Alabama Real Estate Commission (the commission), which revoked Mr. Lambert's real estate broker's license.
This litigation was previously before this court and was reversed and remanded for a procedural defect. Lambert v.Alabama Real Estate Commission,
The commission's order of April 17, 1984, found Mr. Lambert to be guilty of professional misconduct, and his real estate broker's license was revoked. Mr. Lambert filed his notice of appeal in the circuit court on May 17, 1984. The commission filed a certified copy of the transcript of the proceedings before it in the circuit court, and several months later, on April 1, 1985, it filed its motion to dismiss, the alleged ground therein being that Mr. Lambert had not filed any petition for review as was required by §§
Since §
The act first requires that a notice of appeal or review be filed within thirty days after the receipt of the notice of the final decision of an agency. Ala. Code (1975), §
Here, the initial thirty-day period, the additional thirty-day period, and such four-month period had all expired long before the court ever dismissed Mr. Lambert's appeal. Under the dictates of the act, Mr. Lambert waived a right to a judicial review of his matter by the circuit court by his failure to timely file a petition for review. Accordingly, the trial court did not err in dismissing his appeal on November 15, 1985. That judgment of dismissal is affirmed.
The foregoing opinion was prepared by Retired Circuit Judge EDWARD N. SCRUGGS while serving on active duty status as a judge of this court under the provisions of §
AFFIRMED.
All the Judges concur. *913