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Tanner v. Alabama Power Co.
Citations: 553 So. 2d 596; 1988 Ala. Civ. App. LEXIS 390; 1988 WL 137602Docket: Civ. 6704-A
Court: Court of Civil Appeals of Alabama; December 20, 1988; Alabama; State Appellate Court
Charles and Shirley Tanner appealed a circuit court order dismissing their appeal from a probate court’s condemnation order, claiming it was untimely. On March 14, 1984, Alabama Power Company initiated condemnation proceedings, leading to a report by appointed commissioners on May 8, 1984, which assessed damages to the Tanners’ land. On the same day, the probate court confirmed this report and issued a condemnation order. A subsequent order on May 22, 1984, confirmed payment of compensation by Alabama Power. The Tanners filed their appeal on June 19, 1984, exceeding the thirty-day appeal window from the May 8 order. The central issue was whether the appeal period began with the May 8 order or the May 22 payment confirmation. The Tanners argued that a postcard they received, incorrectly stating the condemnation date as May 22, misled them regarding the appeal deadline. They contended that Alabama law and the Alabama Rules of Civil Procedure should provide them relief from the thirty-day limit. However, the court referenced prior rulings indicating that the appeal period for condemnation orders is strictly governed by statutory requirements, which do not allow for the extension proposed by the Tanners. The court affirmed the dismissal, stating that the May 8 order was the definitive appealable order and the Tanners’ appeal was therefore untimely, as it was filed after the thirty-day limit. The ruling was affirmed with concurrence from other judges.