Final Judgment - Premature Appeal


Dyas and Dyas, LLC v. Stringfellow, et al., [Ms. 1190258, Feb. 26, 2021], ___ So. 3d ___ (Ala. 2021). The Court (Wise, J.; Parker, C.J., and Bolin and Stewart, JJ., concur; Sellers, J., concurs in the result) dismisses as from a nonfinal judgment the Dyas Plaintiffs’ appeal from the Baldwin Circuit Court’s dismissal order. The Plaintiffs’ December 24, 2019, notice of appeal of a November 2019 order dismissing all defendants except Defendant Johnson “divested the trial court of jurisdiction….” Ms. *10, citing Horton v. Horton, 822 So. 2d 431 (Ala. Civ. App. 2001). The circuit court lacked jurisdiction after December 24, 2019, and its January 2020 order dismissing the claims against Johnson “was a nullity.” Ms.*10. Consequently, the appeal was from a nonfinal order and due to be dismissed.

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