Finality of Judgment & Appellate Jurisdiction - Johnston v. Rice


Johnston v. Rice, [Ms. 2150253, Aug. 12, 2016] __ So. 3d __ (Ala. Civ. App. 2016). The Court of Civil Appeals holds that in a post-divorce proceeding, a trial court's failure to dispose of all motions for contempt relating to alleged violations of the previous divorce judgment renders any judgment as to any other post-divorce proceeding non-final and therefore non-appealable. Accordingly, the Court of Civil Appeals dismisses an appeal from a Washington Circuit Court's order in a post-divorce modification and contempt proceeding as being non-final. See Decker v. Decker, 984 So. 2d 1216 (Ala. Civ. App. 2007).

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