Enforcement Proceedings Do Not Disturb the Finality of Judgment

A judgment does not lack finality simply because a trial court labels the judgment nonfinal. Trial court proceedings to enforce a judgment do not “disturb the finality of judgment.” Measures taken to enforce a judgment do not become “a vehicle to extend indefinitely the life of the lawsuit.”  Thus, in Faith Properties, L. L. C. v. First Commercial Bank, No. 1061149 (Ala. January 11, 2008), the Alabama Supreme Court found that in a breach of contract action, the trial court lacked jurisdiction to entertain a fraudulent conveyance claim in an amended complaint that the original plaintiff filed against a third party defendant six months after the final summary judgment in the contract action because the post-judgment enforcement proceedings in the contract action between the original parties did not open the door to attempts to add new parties or claims to the lawsuit, even if those parties or claims would have aided in the enforcement of the final judgment.  The Court declared the judgment on the third-party claim void and dismissed the appeal from the judgment; “a void judgment will not support an appeal.”

Appeal Dismissed; Trial Court Lacked Jurisdiction

In Roper v. Rhodes, No. 1060331 (Ala. Jan 11, 2008), the Alabama Supreme Court reviewed an appeal from a trial court order in an election contest. The Court dismissed the appeal, finding that the trial court lacked subject matter jurisdiction over the plaintiffs’ claim because the plaintiffs did not follow the procedure set forth in Ala. Code §17-16-70 through 89. 

“Pavillion Development, LLC v. JBJ Partnership: The Court’s Struggle With Waiver”

Our own Madeline Haikala has a great article published in this Month’s The Alabama Lawyer magazine.  The article is entitled "Pavilion Development, LLC v. JBJ Partnership: The Court’s Struggle With Waiver."  The article discussed the recent Pavillion Development case and what it means to the appellate practitioner considering issues of waiver in the Alabama courts.  Click here for a link to this interesting article.

Cases Released January 11, 2008

From the Alabama Court of Civil Appeals:

Dabbs v. SRE, Inc., d/b/a Southern Real Estate

B.H. v. R.E., Jr.

S.P. v. V.T.


From the Supreme Court of Alabama:

Roper v. Rhodes

DiBiasi v. Wheeler Electric Membership Corp.

First Properties, L.L.C. v. JP Morgan Chase Bank, National Association

Bright v. Calhoun, et al.

Faith Properties, LLC v. First Commercial Bank

Phillips v. United Services Automobile Association