A trial court did not enter a final judgment by disposing of a claim that had been separated for trial under Rule 42(b) where another claim remained pending. Hamilton v. CSC Distribution, Inc., No. 2070813 (Ala. Civ. App. Dec. 5, 2008).
Category Archives: separate
Determination of “Separate” Boundary Line Issue Not A Final Judgment
The trial court “bifurcated” and decided one issue in a property line dispute, but reserved other issues for later decision. This did not constitute a final judgment from which an appeal would lie. The defendants’ attempt to gain review of the partial order was dismissed. Day v. Davis, No. 2060787 (Ala. Civ. App. Feb. 15, 2008).