Supreme Court of Alabama

Ex Parte Alabama Department of Corrections (in Re Alabama Department of Corrections v. Jerry MacK…

May 13, 201174 So. 3d 25

Summary

The court held that the trial court's liability judgment was not final because damages remained unresolved, and therefore the Rule 54(b) certification could not confer appellate jurisdiction. The court reversed the Court of Civil Appeals' determination that the certification was proper and remanded with instructions to dismiss the appeal and direct the trial court to vacate the certification.