Appellate Law

Void Judgment Will Not Support An Appeal

In M.P. v. C.P., [Ms. 2070644] (Ala. Civ. App. 2070644), the Court of Civil Appeal applied the well settled rule that a void judgment will not support an appeal.  The juvenile court issued a custody order but, on appeal, the father argued that the circuit court, not the juvenile court, had jurisdiction.  The Court of Civil Appeals agreed that the juvenile court did not have jurisdiction and, therefore, the order was void.  Further, because a void judgment will not support an appealm the Court of Civil Appeals dismissed the appeal. 

Full post as published by Alabama Appellate Watch on November 14, 2008 (boomark / email).