(a) Notwithstanding any other provisions of law or of the Alabama Rules of Civil Procedure, in cases of forcible entry or unlawful detainer, an appeal to circuit court or to appellate court does not prevent the issue of a writ of restitution or possession unless the defendant pays to the clerk of the district court all rents called for under the terms of the lease, since the date of the filing of the action and continues to pay all rent that becomes due and payable under the terms of the lease as they become due, during the pendency of the appeal, and the sums are to be ascertained by the judge.
(b) If the defendant should fail to make any payments as they become due under subsection (a), the court shall issue a writ of restitution or possession and the plaintiff shall be placed in full possession of the premises.
(c) Upon disposition of the appeal, the court shall direct the clerk as to the disposition of the funds paid to the clerk pursuant to subsection (a).
(Code 1852, §2865; Code 1867, §3314; Code 1876, §3711; Code 1886, §3401; Code 1896, §2145; Code 1907, §4281; Code 1923, §8022; Code 1940, T. 7, §985; Acts 1996, No. 96-573, p. 880, §1.)
Notes of Decisions
McGhee v. Hous. Auth. of Birmingham Dist., 890 So. 2d 122 (Ala. Civ. App. 2003).
· cites it 43× “However, HABD sought a writ of restitution from the district court; under Alabama law, that procedure is conditionally permissible, despite the pen-dency of an appeal, under the authority of *125 § 6-6-351, Ala.Code. 1975, which provides as follows: “(a) Notwithstanding any…”
Lovejoy v. Intervest Corp., 794 So. 2d 1205 (Ala. Civ. App. 2001).
· cites it 11× “On appeal, Lovejoy argues that the circuit court erred in issuing the writ of possession based on her failure to, pay the sums ascertained by the district court pursuant to § 6-6-351, Ala.Code 1975. In 1996, the legislature amended § 6-6-351 to read as follows: “(a)…”
Tiller v. YW Hous. Partners, Ltd., 5 So. 3d 623 (Ala. Civ. App. 2008).
· cites it 2× “That same day, YW Housing filed a motion to issue a writ of possession, alleging that Tiller had failed to pay money into the court pending the appeal of this case, as required by Ala.Code 1975, § 6-6-351. Tiller filed a response to the summary-judgment motion on August 28, 2007.”
Cullman Ctr. Assocs., Ltd. v. Harrison, 514 So. 2d 1040 (Ala. Civ. App. 1987).
· cites it 3× “The plaintiff sought in the district court a writ of possession pursuant to § 6-6-351, Code of Ala.1975. The district court refused to issue the writ.”
Brentwood Park Apts. v. Forbus, 510 So. 2d 242 (Ala. 1987).
· cites it 12× “Brentwood filed a motion in circuit court requesting it to either set the amount of the supersedeas bond, as required under § 6-6-351, Code 1975, or to execute the district court judgment and remove Ms.”
King Dev. & Realty, Inc. v. Eslami, 964 So. 2d 51 (Ala. Civ. App. 2007).
“that should have been paid pursuant to § 6-6-351" after September 30, 2005. The award of $29,741.”
Brentwood Park Apts. v. Forbus, 510 So. 2d 240 (Ala. Civ. App. 1986).
· cites it 5× “After a hearing, the circuit court entered an order executing the judgment of the district court unless petitioner posted the required supersedeas bond pursuant to § 6-6-351, Code of Alabama 1975. At that time the petitioner filed for a writ of mandamus with this court.”
Edwards v. Moore, 699 So. 2d 220 (Ala. Civ. App. 1997).
“§ 6-6-351, Ala.Code 1975, does bear a substantial relationship to an important governmental interest; therefore, I must respectfully dissent from the majority opinion.”
— Ala. Code § 6-6-351(a) — 1 case
McGhee v. Hous. Auth. of Birmingham Dist., 890 So. 2d 122 (Ala. Civ. App. 2003).
“However, HABD sought a writ of restitution from the district court; under Alabama law, that procedure is conditionally permissible, despite the pen-dency of an appeal, under the authority of *125 § 6-6-351, Ala.Code. 1975, which provides as follows: “(a) Notwithstanding any…”
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