(251) 299-0101

APPELLATE JURISDICTION - REVIEW OF DECISION TO STRIKE JURY DEMAND - ROBERT S. GRANT CONSTRUCTION V. FRONTIER BANK

In Robert S. Grant Construction v. Frontier Bank, [Ms. 1100565, Sept. 16, 2011] __ So. 3d __(Ala. 2011), the Alabama Supreme Court held that a trial court's decision to strike a jury demand based on a waiver signed by the parties was not final and appealable despite a Rule 54(b) certification. The Court recognized that unless an order completely disposes of or fully adjudicates at least one claim, a Rule 54(b) certification is not effective. Granthan v. Vanderzyl, 802 So. 2d 1077, 1080 (Ala. 2001). Furthermore, it held that a jury demand, standing alone, is not a "claim." Because no separate claims were completely disposed of or adjudicated, the Court held that it did not have appellate jurisdiction to consider whether the trial court properly struck Plaintiff's jury demand. Therefore, the appeal was dismissed.
Categories: