Improper 54(b) Certification

Builder Systems, LLC v. Klamer, [Ms. 1200433, Sept. 30, 2021] __ So. 3d __ (Ala. 2021). The Court (Bolin, J.; Parker, C.J., and Wise, Sellers, and Stewart, JJ., concur) concludes that the Shelby Circuit Court’s 54(b) certification was improper. The Court dismisses Builder Systems, LLC’s, (Builder Systems) appeal from an order entered in favor of George Klamer and his wife Lisa Klamer arising from a remediation and new-construction project performed by Builder Systems on the Klamers’ home. The judgment awarded the Klamers $172,561.64, … but did not address Builder Systems’s counterclaims alleging unjust enrichment and quantum meruit.” Ms. *23. The Court holds that “[b]ecause the issues presented by the Klamers’ claim and Builder Systems’s counterclaims are so closely intertwined, we conclude that the trial court exceeded its discretion in certifying the second amended order entered in favor of the Klamers as final pursuant to Rule 54(b). Ms. **34-35.

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