Dr. Stephen L. Wallace v. Belleview Properties Corporation

Summary

The court dismissed Wallace's appeal for lack of jurisdiction because he did not file his notice of appeal within 42 days of the Rule 54(b)-certified summary judgment, or within 42 days after disposition of his post-judgment motion. The court held that a Rule 54(b) certification starts the appeal period even when the appellant later argues that the certification was improper, and that a later final order resolving the remaining counterclaim does not revive the time to appeal. Justice Shaw, dissenting, would have allowed review of the certification's propriety in the later timely appeal, while Justice Murdock, specially concurring, agreed that an unchallenged Rule 54(b) judgment becomes final for all purposes.