Claims “Too Intertwined” For 54(b) Certification

Counterclaims could not be certified as final under Rule 54(b), and thus made appealable, where the circuit court had not yet resolved the plaintiff’s “closely intertwined” claims. The 54(b) certification was held improper and the appeal dismissed. Gregory v. Ferguson, No. 2070576 (Ala. Civ. App. Dec. 5, 2008).

Continue reading

Divorce Judgment Not Final Which Failed to Divide Property or Resolve Alimony

The Court of Civil Appeals dismissed an appeal where the divorce judgment of the circuit court did not divide the parties’ marital property or adjudicate the wife’s claim for alimony. Blythe v. Blythe, No. 2050926 (Ala. Civ. App. June 29, 2007). The judgment was “nonfinal” and the appellate court consequently lacked jurisdiction to review the case.

Continue reading