Final Judgment - Appellate Jurisdiction: Joyner V. Stewart
Joyner v. Stewart, [Ms. 1160800, Jan. 12, 2018] __ So. 3d __ (Ala. 2018). This unanimous decision by Justice Sellers, (Stuart, C.J., and Parker, Shaw, and Wise, JJ., concur), dismisses an appeal from the Etowah Circuit Court’s order approving a final judicial accounting of the administration of a trust established as part of the settlement of a mass tort action against Monsanto Company. The circuit court’s order was not certified as final pursuant to Rule 54(b), and the order provided that the trustee in his discretion was to disburse certain amounts remaining in the trust to area school systems. Ms. *9. The Court dismissed the appeal because an order “‘that leaves the parties with something to determine on their own and leaves open the possibility of further action by the trial court’ is not a final order.” Ibid.