(251) 299-0101

Finality of Judgment

Brock v. Morris, [Ms. 2170808, Sept. 7, 2018] __ So. 3d __ (Ala. Civ. App. 2018). This unanimous decision by Presiding Judge Thompson dismisses an appeal from the Henry Circuit Court’s judgment in a contract action on the ground that the appeal was taken from a non-final judgment. The action was filed by Jimmy and Carol Morris seeking a preliminary and permanent injunction against Turner Brock and Linda Brock, preventing the Brocks from constructing a dock in a certain location and compelling them to instead build it in another location in accordance with an agreement allegedly reached by the parties. Ms. *2.

The court noted that defendant Linda Brock was never served with process but nonetheless answered the complaint, thereby waiving any objection to improper service. Ms. *5. The court dismissed the appeal as taken from a non-final judgment because “[t]he judgment ... does not mention plaintiff Carol Morris or defendant Linda Brock; thus, the judgment does not resolve the claims as to all the parties.” Ms. *5.

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