Supreme Court of Alabama

Anthony G. Brewer and Cassie Brewer v. Darryl Fairchild; Bank of America, N.A.; and Carrington Mortgage Services…

September 20, 2024

Summary

The Supreme Court of Alabama dismissed the Brewers' appeal because the trial court's Rule 54(b) certification of the ejectment judgment was improper: the order reserved jurisdiction to determine additional damages for waste and therefore did not finally dispose of the ejectment action. The Court also granted sanctions against the Brewers' attorney, awarding BANA and Carrington double the costs of the appeal based on material misrepresentations concerning the record and applicable foreclosure law.