Cases Released October 5, 2007

From the Alabama Court of Civil Appeals:

H.H. v. Baldwin County Department of Human Resources

Thompson v. Thompson

Daniels v. Daniels

Giardina v. Giardina

ERA Class.com v. Stoddard

 

From the Alabama Supreme Court:

Ex parte K.N.F.G.

Ex parte Wall

Ex parte Tubbs

Ex parte Patel

Ex parte Lawson

Ex parte Beck

Atlantic National Trust, LLC v. McNamee

Dunlap v. Regions Financial Corporation

Ex parte Board of Trustees / Directors and/or Deacons of Old Elam Baptist Church

Improper Rule 54(b) Certification Moots Appellate Jurisdiction

In summary judgment proceedings, when an adjudicated claim and an unadjudicated counterclaim are so closely intertwined that separate resolution of the claims might produce inconsistent results, Rule 54(b) certification of an order resolving fewer than all of the claims is not proper.  Moreover, “certification of a decision addressing only the type of damages recoverable on a certain claim is inappropriate.”  Hurst v. Cook, No. 2060351  (Ala. Civ. App. Sept. 28, 2007). 

Continue reading