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Schulz v. State
Citations: 583 So. 2d 997; 1991 Ala. Crim. App. LEXIS 180; 1991 WL 47474Docket: CR 89-1216
Court: Court of Criminal Appeals of Alabama; March 14, 1991; Alabama; State Appellate Court
Robert Joseph Schulz, manager of Statewide Distribution Company, Inc., was indicted for theft after depositing checks made out to the company into an account he controlled. Schulz pleaded guilty and was ordered to pay restitution of $15,709.36 to Donald E. Moore, the sole owner of the company. Subsequently, Moore filed a civil suit against First American Bank of Pelham, Inc. for accepting checks with forged endorsements, leading to a judgment against the bank for $20,445.51, which the bank paid to Moore. First American Bank then sought to modify the restitution payment order so that future payments would be directed to them instead of Moore. Moore appealed this modification. Under Section 12-22-2 of the Code of Alabama 1975, only parties to the action or their representatives have the right to appeal. Since Moore was not a party to the original judgment, he lacked the legal standing to appeal. The court reaffirmed that the right to appeal is statutory and not inherent, leading to the dismissal of Moore's appeal due to lack of jurisdiction. All judges concurred in the decision to dismiss the appeal.