McMurray Contracting, LLC v. Kenneth Hardy and Helen Hardy, [Ms. SC-2023-0287, Nov. 3, 2023] __ So. 3d __ (Ala. 2023). The Court (Mendheim, J.; Parker, C.J., and Shaw, Wise, Bryan, Sellers, and Stewart, JJ., concur; Mitchell, J., concurs in the result, which Cook, J., joins) dismisses as untimely McMurray Contracting, LLC’s (“McMurray”) appeal from the Baldwin Circuit Court’s denial of its second motion to compel arbitration of a breach of contract claim brought by Kenneth and Helen Hardy (“The Hardys”).
The Hardys contend that because McMurray failed to appeal from the order denying its first motion to compel arbitration, McMurray’s appeal from the order denying its second motion to compel arbitration is untimely. Ms. *8. The Court agrees and reiterates that under Rule 4(d), Ala. R. App. P., an order granting or denying a motion to compel arbitration is appealable as a matter of right, and any appeal from such an order must be filed within 42 days of entry of the order. Ms. **10-11. Because McMurray did not timely appeal the circuit court’s order denying its first motion to compel arbitration, its appeal from the denial of its second motion to compel arbitration must be dismissed as untimely. Ms. **14-15.