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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111451
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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According to Ala Code 35-6-101, I had 30-days to pay into

Customer Question

According to Ala Code 35-6-101, I had 30-days to pay into the court an appraised amount. However, the appraised amount was to be based on filing of an appraisal report into the court stating the amount of the property value. We live in Texas, the case isin Alabama. We are on record stating that we made several calls to check to see if the appraisal had been filed, but the clerk stated "no" in each case even well past the 30-day period we had by statute to pay the appraisal amount into the court. Now the decision was made entirely on the fact that we were not timely. Are there cases that set precedence that can help us argue this case? Does the fact that the record sow the notices were not sent out and we Checked numerous time by calling the clerk, mitigate the failure to pay the amount required in a timely manner? The judge said no, we disagree because we acted reasonably by calling numerous times, but got bad information from the clerks AND the clerk did not send the notices out in written as required by the judges order.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you did not file your appeal within the proper time, even though you may have had a chance by proving that no appraisal was filed so you did not know what to pay, the appeals court could not hear your appeal. Once the appeal time expired, your right to appeal was lost, so the appeals court could not hear the issues. Your only option remaining is going back to the lower court and filing a motion to vacate based upon the proof that no appraisal amount was ever given for you to pay. If the court denies the motion to vacate, then I am afraid you have a problem because the appeals court will not entertain it out of time.
Customer: replied 9 months ago.
It was the trial court that said I did not meet the 30 days not the appellate court. I am arguing the case to the appellate court now. The trial judge ordered their clerk to send noticed, they did not, but the trial court did not seem to care
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply and your clarification of the facts.
The failure to send notices and failure to have the appraisal sent to you to know what you had to pay is good cause for vacating the lower court's judgment. The lower court cannot punish you for not paying an amount you were never given the appraisal on.

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