Supreme Court of Alabama

Andrew J. Gentry Iii v. Daniel L. Lindsey, Sr.

August 15, 20142014 Ala. LEXIS 112

Summary

The court dismissed the appeal because the trial court's Rule 54(b) certification of a partial dismissal was improper. The claims certified for appeal and the claims remaining against another defendant arose from the same underlying facts, defenses, and threshold issues, creating an unreasonable risk of inconsistent results and requiring duplicative appellate review. Because the certification did not create a final judgment, the court lacked appellate jurisdiction to consider the merits.