54(b) Certification


Tucker v. McNabb, [Ms. 2190213, Dec. 11, 2020], ___ So. 3d ___ (Ala. Civ. App. 2020). Noting that “Rule 54(b) certifications are not favored by appellate courts,” the court (Donaldson, J.; Thompson, P.J., and Moore, Edwards, and Hanson, JJ., concur) concludes that the Marshall Circuit Court exceeded its discretion in certifying an interlocutory order as final under Rule 54(b), Ala. R. Civ. P. Ms. *14. The court explains

We hold that the claims addressed in the April 16, 2019, order that has been certified as final and the claims that remain pending in the trial court are so closely intertwined that separate adjudication of the Tuckers’ claim for injunctive relief and the McNabbs’ remaining claims would pose an unreasonable risk of inconsistent results. We therefore conclude that the trial court exceeded its discretion in certifying its order of April 16, 2019, as final for purposes of appeal.

Ms. **17-18.

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