Appellate Law

Arbitration Award Becomes Appealable Only After Being Entered As a Judgment By The Circuit Court Clerk

In Championcomm.net of Tuscaloosa, Inc. v. Morton, [Ms. 1070488] (Jan. 9, 2009), the Alabama Supreme Court dismissed the appeal of an arbitration award because there was no "final judgment."  Ala. Code 6-6-15 sets out the procedure by which an arbitration award may be appealed, and it states that "the clerk or register shall enter the [arbitration] award as the judgment of the court."  In this case, although the arbitration award was filed with the court, it was never "entered" by the clerk as a judgment.  Therefore, because there was no final judgment which had been entered, the Supreme Cout lacked jurisdiction to hear the appeal, and the appeal was dismissed.

Full post as published by Alabama Appellate Watch on January 15, 2009 (boomark / email).