CIVIL PROCEDURE - FROSOLONO V. JOHNSON
Frosolono v. Johnson, [Ms. 2140438, Sept. 4, 2015] __ So.3d __ (Ala. Civ. App. 2015). The Court of Civil Appeals dismisses this appeal from a ruling in a boundary line dispute for two reasons: First, the record did not show that the circuit court ruled on the defendants' motion to hold the plaintiffs in contempt for plowing the land in dispute after the court had ordered the parties not to make changes to the disputed property. Second, the circuit court ruled for the plaintiffs, holding that the fence line established their western boundary in giving them the entire disputed property, but ordered a survey to be taken, which rendered the judgment nonfinal. For both reasons, there was no final judgment, so the Court of Civil Appeals did not have jurisdiction over the purported appeal.
Related Documents: Frosolono v Johnson 9-4-15