Improper Rule 54(b) Certification

Bowling v. U.S. Bank National Association, etc., et al., [Ms. SC-2022-0762, Feb. 17, 2023] __ So. 3d __ (Ala. 2023). The Court (Mitchell, J.; Parker, C.J., and Shaw, Bryan, and Mendheim, JJ., concur) vacates the Jefferson Circuit Court’s Rule 54(b) certification of finality of a judgment dismissing claims asserted by Philip F. Bowling and Jennie M. Bowling against various banks responsible for the collection, servicing and ultimate foreclosure of the mortgage on their home in Vestavia Hills. WGB, LLC ("WGB"), which purchased the Bowlings’ house at the foreclosure sale, filed an ejectment action against the Bowlings and other claims against the banks. WGB’s claims remain pending in the trial court.

The Court concludes the trial court exceeded its discretion in certifying the dismissal of the Bowlings’ claims as final because “claims arising out of the same fact pattern and involving overlapping allegations and evidence – remain pending below.” Ms. *10.

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