Appeal Dismissed Because Judgment Was Not Final - Arvin North American Automotive, Inc. v. Rodgers


In Arvin North American Automotive, Inc. v. Rodgers, [Ms. 2090970, Apr. 8, 2011] __ So. 3d __(Ala. Civ. App. 2011), the Alabama Court of Civil Appeals dismissed an appeal on the grounds that the trial court "failed to ascertain or fix in its judgment the amounts of medical and mileage benefits the employer was ordered to pay to or on behalf of the employee." Because the trial court's order did not "fully and finally ascertain and declare the rights of the parties so as to constitute a final judgment," Ala. Code 1975 ¤ 12-22-2, the Court dismissed the appeal ex mero motu.


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