Final Judgment Rule

Million v. Shumaker, [Ms. SC-2022-0986, Apr. 7, 2023] __ So. 3d __ (Ala. 2023). The Court (Mendheim, J.; Parker, C.J., and Shaw, Bryan, and Mitchell, JJ., concur) dismisses Desiree D. Million’s appeal from the DeKalb Circuit Court’s order dismissing her claims against Albert L. Shumaker. The Court reiterates “‘[a]n order in an action involving multiple parties or claims that fails to adjudicate the rights or liabilities of all the parties is ordinarily not a final order and therefore will not support an appeal. ... Rule 54(b)[, Ala. R. Civ. P.]; Tubbs v. Brandon, 366 So. 2d 1119 (Ala. 1979).’” Ms. *11. The Circuit Court’s 54(b) certification of the dismissal of Shumaker as final was a nullity because an “‘appeal divests the lower court of jurisdiction over the case until the appellate court provides a disposition of the appeal – even if the appeal is premature, i.e., from a nonfinal judgment.’ Erskine v. Guin, [Ms. 1200401, Jan. 6, 2023] ___ So. 3d ___, ___ (Ala. 2023).” Ms. *12.

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