William Jenkins v. City of Birmingham, et al.

Birmingham, Alabama personal injury lawyer sued the defendants on a governmental tort claims theory.



Jenkins's complaint in this action alleged the following. Grant, a veteran of the Vietnam War, suffered from a range of health problems, including dementia and post-traumatic stress disorder. Grant was a resident of Conyers, Georgia, and, on February 2, 2020, he left his home to go to the grocery store. Somehow, Grant ended up in Birmingham.



Larry, a police officer employed by the City, found Grant disoriented and confused in a neighborhood. Larry detained Grant for a misdemeanor offense and placed Grant in his patrol vehicle. Grant was transported to the emergency room of a hospital. Hospital staff treated Grant for minor skin abrasions on his face and began the process of discharging him from care.



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CIVIL PROCEDURE. FINAL JUDGMENT REQUIREMENTS. The case involves an appeal regarding whether a circuit court's order constituted a final judgment, and if so, whether the order ascertained and declared the parties' rights, jurisdiction, and the dismissal of all claims.



CIVIL PROCEDURE. TIMELINESS OF POSTJUDGMENT MOTIONS. The case addresses the timeliness of postjudgment motions under Alabama rules and the consequences of filing such motions beyond the 30-day period, including the lack of jurisdiction to grant untimely motions.



CIVIL PROCEDURE. EFFECT OF ORDERS AFTER POSTJUDGMENT MOTION DENIAL. The court examines whether orders issued after a postjudgment motion is denied by operation of law are valid, concluding that such orders are nullities and directing vacatur of all consequent orders.



Key Phrases Wrongful death. Postjudgment motion. Summary judgment. State-agent immunity. Notice of claim.

For all the same reasons, the circuit court's January 18, 2024, order, from which Jenkins has now appealed in case no. SC-2024-0217, is also a nullity. Therefore, that order cannot support Jenkins's appeal. See id. Consequently, we dismiss Jenkins's present appeal in case no. SC-20240217, and we instruct the circuit court to vacate its June 21, 2023, order and to vacate all subsequent orders entered in this action purporting to adjudicate the claims asserted in Jenkins's complaint because those orders are nullities.