Marcus Fuller and Joseph Mitchell v. Birmingham-Jefferson County Transit Authority and Amalgamated Transit Union…

Summary

The Supreme Court of Alabama dismissed the appeal and cross‑appeal because the trial court’s certification of its summary‑judgment order as final under Rule 54(b) was improper, leaving no final judgment for appellate review. The Court held that the pending counterclaim was intertwined with the adjudicated claims, making the certification invalid. Justice Murdock and Justice Shaw filed concurring opinions addressing the proper scope of Rule 54(b) certifications and the waiver issue.