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FINALITY OF JUDGMENT - RULE 54(B) - STALLWORTH V. STALLWORTH

Stallworth v. Stallworth, [Ms. 2150942, Aug. 4, 2017] __ So. 3d __ (Ala. Civ. App. 2017). In this unanimous decision by Thompson, P.J. (Pittman, Thomas, Moore, and Donaldson, JJ., concur), the court dismisses the wife’s appeal from a judgment of divorce as from a non-final order. The circuit court’s judgment divorced the parties and ordered that the husband was responsible for any missed payments of pendente lite support, but did not determine the number of installments missed or the amount of those installments. Although the circuit court certified its judgment as final under Rule 54(b), the court considered ex mero motu the propriety of the Rule 54(b) certification. The court concluded that “Rule 54(b) does not grant the trial court authority to certify as final an order on a claim for which it has determined liability but for which it has not determined the amount of that liability.” Ms. At 8.

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