Final Judgment Rule


Lord Genesh, Inc., et al. v. Valley National Bank, [Ms. 1210003, Aug. 19, 2022] __ So. 3d __ (Ala. 2022). The Court (Bryan, J.; Parker, C.J., and Shaw, Mendheim, and Mitchell, JJ., concur) dismisses the defendants’ appeal from the Tallapoosa Circuit Court’s April 30, 2021 summary-judgment order in favor of Valley National Bank in a suit on a promissory note and guaranty. The Court concludes the order was not final because it “expressly stated that the circuit court had still not yet determined the proper amount of ‘an additional award of interest and other charges’ and specifically directed the parties to provide further evidence and argument as to that issue, after which the circuit court intended to enter a final judgment.” Ms. *8.

The Court further holds that the circuit court’s October 6, 2021 order purporting to enter a final judgment was not effective because at that time the notice of appeal had already been filed by defendants. “‘The timely filing of a notice of appeal invokes the jurisdiction of an appellate court and divests the trial court of jurisdiction to act except in matters entirely collateral to the appeal.’” Ms. **10-11, quoting Harden v. Laney, 118 So. 3d 186, 187 (Ala. 2013).

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