Court of Civil Appeals Reviews Probate Appeal From Circuit Court

 The Court of Civil Appeals addressed two issues in probate appeals.  Section 12-22-21(1) of the Alabama Code, the court first held, allows direct appeals from non-final judgments of both the probate and circuit courts.  The circuit court’s non-final summary judgment therefore did not need to be certified under Rule 54(b).  Moreover, once a probate case is removed to circuit court, exclusive jurisdiction remains in the circuit court for as long as the case is pending there.  The appellant thus could not have appealed from a probate court order that was void for lack of subject matter jurisdiction.  Brown v. Brown, No. 2080018 (Ala. Civ. App. Apr. 24, 2009).

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Will Contest Not Final Where Trial Court Reserved Jurisdiction on Pending Motions

A judgment disposing of a will contest was not final where the trial court reserved jurisdiction on pending motions, and had not adjudicated two claims in the defendant’s “Motion for Affirmative Relief.” The appeal was dismissed for lack of jurisdiction. Hoegh v. Burton, No. 2070278 (Ala. Civ. App. Aug. 29, 2008).

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