Appellate Jurisdiction Requires a Final Judgment—Nonfinal Rule 60(b) Order Not Appealable

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Global Environmental Group, Inc., d/b/a Global Trash Solutions v. Kittrell, [Ms. SC-2025-0526, Feb. 20, 2026] __ So. 3d ___ (Ala. 2026). The Court (Stewart, C.J., and Shaw, Bryan, and McCool, JJ., concur) dismisses Global Trash Solutions and its CEO Peter Spano II’s appeal from the Mobile Circuit Court’s order denying their Rule 60(b) motion for relief from a default judgment entered in favor of Kittrell arising from a contract dispute. The central issue on appeal concerned appellate jurisdiction – specifically, whether the circuit court’s order qualified as a final judgment for purposes of appeal. Ms. *6.

The Court notes that, although the order denied the Rule 60(b) motion, it simultaneously granted additional limited discovery on the issue of service of process – an issue that formed a primary basis for the Rule 60(b) motion. The Court further explains that because discovery remained ongoing and related to the Rule 60(b) arguments, the order did not conclusively resolve the matter and therefore does not constitute a final judgment. Ms. *6.

Relying on precedent requiring a final judgment before appellate review, the Court holds that it lacks jurisdiction to consider the appeal. Accordingly, the Court dismisses the appeal, reaffirming that orders allowing continued discovery or leaving jurisdictional issues unresolved are nonfinal and not immediately appealable. Ms. *7-8.

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