In two cases, Hendricks v. KW Plastics, Inc., [Ms. 2070324] (Ala. Civ. App. Oct. 10, 2008), and Williams v. Moore, [Ms. 2070284] (Ala. Civ. App. Oct. 10, 2008), the Court of Civil Appeals refused to consider arguments where the arguments related to claims from which no appeal had been filed.
In Hendricks, the plaintiff/appellant appealed the trial court’s order denying the plaintiff’s workers’ compensation claim. The workers’ compensation claim was certified as final pursuant to Rule 54(b). While the appeal was pending, the trial court granted summary judgment to the employer on the remaining retaliatory discharge claim. In his appellant’s brief, in addition to arguing the workers’ compensation claim, the appellant argued that the order granting summary judgment on the retaliatory discharge claim should be reversed. The Court of Civil Appeals noted that the appellant never filed a notice of appeal from the order on the retaliatory discharge claim and, therefore, the court did not have jurisdiction to consider it on appeal. Slip Op. p. 4.
In Williams, a third-party defendant was subject to an adverse judgment. In the appeal, the third-party defendant purported to file an "Appellee’s Brief." The court refused to consider the brief, however, because he never filed a notice of appeal. Slip. Op. p. 9.