REL:    08/29/2014




Notice: This opinion is subject to formal revision before publication in the advance
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           SUPREME COURT OF ALABAMA
                              SPECIAL TERM, 2014

                         _________________________

                      1131077, 1131081, and 1131082
                        _________________________

                                Ex parte V.S.T.

                     PETITIONS FOR WRIT OF CERTIORARI
                       TO THE COURT OF CIVIL APPEALS

                                (In re:        V.S.T.

                                          v.

                                 R.W. and B.W.)

        (Bessemer Probate Court, No. 50041554, No. 50041555,
                          and No. 50041556;
       Court of Civil Appeals, 2130112, 2130113, and 2130114)


WISE, Justice.
1131077, 1131081, and 1131082

    1131077   --   WRIT DENIED.     NO OPINION.

    1131081   --   WRIT DENIED.     NO OPINION.

    1131082   --   WRIT DENIED.     NO OPINION.


    Stuart, Bolin, Main, and Bryan, JJ., concur.

    Moore, C.J., and Parker and Murdock, JJ., dissent.




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1131077, 1131081, and 1131082

MURDOCK, Justice (dissenting).

    The Court of Civil Appeals dismissed all of these appeals

as untimely.   It appears that a final judgment was entered in

V.S.T.'s favor in a collateral action under § 26-10A-25(d),

Ala. Code 1975; that she then filed a timely postjudgment

motion pursuant to Rule 59, Ala. R. Civ. P.; and that she

timely appealed within 42 days of the denial of that motion.

Also, I find the petitions before us sufficiently compliant

with the requirements of Rule 39, Ala. R. App. P. I therefore

dissent from the Court's decision refusing to consider the

petitions.




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