Order Which States Only That Marital Property Must Be Divided Equitably Is Not a Final Judgment For Purpose of Appeal

The Court Civil Appeals dismissed the appeal in Sims v. Sims, [Ms. 2070697] (Ala. Civ. App. Nov. 6, 2009), for lack of jurisdiction because it was an appeal of a non-final judgment.  The trial court’s order stated that the marital property must be divided equitably, but did not actually divide the property.  The Court of Civil Appeals held that the order was not final until the marital property was actually divided and, therefore, the appeal was dismissed becuase there was no final judgment.