Supreme Court of Alabama

Harlan Home Builders, Inc. v. Chris W. Hayslip and the Townes of North River Development Company, LLC.

September 17, 20102010 Ala. LEXIS 169

Summary

The Alabama Supreme Court dismissed the appeal because the trial court’s order dismissing the fraud claim was not a final judgment, and therefore the Court lacked appellate jurisdiction. The Court held that when a counterclaim remains and the issues are closely intertwined, a Rule 54(b) certification is improper. Consequently, the appeal was dismissed ex mero motu.