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Finality of Judgment - Contempt

Morris House Condominium Association, Inc. v. Hirschfield, [Ms. 2170666, Oct. 26, 2018] __ So. 3d __ (Ala. Civ. App. 2018). The court (Thomas, J. and Thompson, P.J., and Pittman and Moore, JJ., concur; Donaldson, J., concurs in the result) dismisses the plaintiff’s appeal of the Jefferson Circuit Court’s order awarding plaintiff’s counsel an attorney’s lien on any judgment to be entered in the action and holding the plaintiff in contempt for failure to pay its counsel.

The court noted that the order in question “does not expressly direct the association to do anything[.]” Consequently, the contempt order was not appealable. Ms. *14.

The court further held that the order awarding plaintiff’s counsel an attorney’s lien on any judgment to be rendered in the action was also not a final order immediately appealable “because the predicate judgment may never be entered, thereby precluding attachment of the lien.” Ms. *15.

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