Supreme Court of Alabama

Cynthia Gerhard and Elkton S. Gerhard III v. Elkton S. Gerhard, Jr.

March 13, 2026

Summary

The court held that the order directing the sale of the property for division was final and appealable because it resolved the parties' rights and equities, even though the trial court retained jurisdiction over later distribution matters. The court nevertheless dismissed the appeal because the appellants had stipulated to the sale without reserving appellate rights and had not sought to set aside the order for fraud or mistake. The court also rejected their arguments based on their pro se status and alleged lack of notice.