Bear Brothers, Inc. v. Etc Lake Development, LLC, and E.t. "bud" Chambers

Summary

The Supreme Court of Alabama dismissed Bear Brothers’ appeal, holding that Rule 4(d) of the Alabama Rules of Appellate Procedure does not make an order denying a motion to stay pending arbitration appealable as a matter of right, and therefore the appeal was from a non‑final judgment. The Court reasoned that Johnson and Lee do not establish such a right because they involved motions to compel arbitration, not separate stay motions. The concurrence agrees with the dismissal and further explains why Rule 4(d) cannot be used to stay non‑arbitrable claims.