Rule 54(b) Certification


Cox v. Parrish, et al., [Ms. 1170391, June 21, 2019] __ So. 3d __ (Ala. 2019). The Court (Mitchell, J.; Parker, C.J., and Shaw, Bryan, and Mendheim, JJ., concur) dismisses the appeal concluding that the Jefferson Circuit Court exceeded its discretion in certifying as a final judgment its dismissal of a counterclaim. The Court held that “[b]ecause resolution of the co-executors pending declaratory-judgment claim will possibly moot Cox’s declaratory-judgment counterclaim, the trial court exceeded its discretion when it certified its dismissal of Cox’s counterclaim as a final judgment under Rule 54(b).” Ms. *14.

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