Appellate Law

Appeal from Improper Rule 54(b) Order Dismissed

The Alabama Supreme Court dismissed the appeal from the summary judgments in Howard v. Allstate Ins. Co. et al., No. 1071215 (Ala. Nov. 21, 2008).  The trial court entered summary judgment in favor of some of the defendants.  After the trial court certfied the summary judgments as final, over the plaintiffs' objection, the plaintiffs appealed.  The Court advised that it "'looks with some disfavor upon certifications under Rule 54(b),'" and that Rule 54(b) certifications "'should be entered only in exceptional cases.'"  The Court found that "[i]t would be contrary to the interests of justice to adjudicate the remaining claims [against the purported agents] separately from the other defendants [alleged principals of the agents]; the common issues are intertwined."  Without the Rule 54(b) certification, the summary judgments were not final and could not support an appeal.   

Full post as published by Alabama Appellate Watch on December 02, 2008 (boomark / email).