Appellate Procedure: Smalls v. Wells Fargo Bank, N.A.

Smalls v. Wells Fargo Bank, N.A., [Ms. 2160756, Nov. 9, 2017] __ So. 3d __ (Ala. Civ. App. 2017). This unanimous decision by Judge Donaldson (Thompson, P.J., and Thomas and Moore, JJ., concur; and Pittman, J., recuses) dismisses Charissa Smalls’s appeal from the order of the Madison Circuit Court dismissing an ejectment action by Wells Fargo Bank filed against Smalls.

Holding that “‘[o]nly adverse rulings by the trial court are reviewable on appeal,’” the court held that Smalls’s appeal of the trial court’s order dismissing Wells Fargo’s suit against Smalls does not present a justiciable controversy and dismissed her appeal. Ms. *9, quoting Lewis v. Providence Hosp., 483 So. 2d 398, [398,] (Ala. 1986)].

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