Dismissal of Appeal & Non-Final Judgment - McCullough v. Allstate Property and Cas. Ins. Co.

McCullough v. Allstate Property and Cas. Ins. Co., [Ms. 2150459, Sept. 9, 2016] __ So. 3d __ (Ala. Civ. App. 2016).

"An appeal will not lie from a nonfinal judgment. Robinson v. Computer Servicenters, Inc., 360 So. 2d 299, 302 (Ala. 1978). 'A ruling that disposes of fewer than all claims or relates to fewer than all parties in an action is generally not final as to any of the parties or any of the claims. See Rule 54(b), Ala. R. Civ. P.' Wilson v. Wilson, 736 So. 2d 633, 634 (Ala. Civ. App. 1999). The absence of a final judgment is a jurisdictional defect that cannot be waived by the parties."

Ms. *4, quoting Baugus v. City of Florence, 968 So. 2d 529, 531 (Ala. 2007).

Here, as in Baugus, plaintiff amended his complaint after defendant moved for summary judgment. Because defendant did not file a motion asking the trial court to include the amended claim, the trial court's order granting the motion for summary judgment did not dispose of all the claims between the parties and was therefore non-final, such that it would not support an appeal. Accordingly, the appeal was dismissed.

Related Documents: McCullough v Allstate Property and Cas Ins Co


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