Ex parte Wharfhouse Restaurant and Oyster Bar, Inc.

Summary

The Alabama Supreme Court granted Wharfhouse Restaurant and Oyster Bar, Inc.'s petition for a writ of mandamus. The court held that the trial court had not entered a final judgment disposing of Wharfhouse's claims against McInnis and directed the trial court either to enter such a judgment or set the claims for a pretrial conference. The writ was issued without prejudice to McInnis's right to seek involuntary dismissal under Rule 41(b), Ala. R. Civ. P., for failure to prosecute or appear at trial.

Holdings

1. An order denying a motion for summary judgment is not a final judgment disposing of the plaintiff's claims when the order does not clearly adjudicate those claims and the case record does not show a final judgment.
2. Wharfhouse's claims against McInnis had not been fully adjudicated because no final judgment disposed of those claims.
3. Wharfhouse was entitled to a writ of mandamus directing the trial court either to enter a final judgment disposing of Wharfhouse's claims or to set the case for a pretrial conference.

Questions Presented

1. Whether the trial court's order denying Wharfhouse's motion for partial summary judgment, which stated that Wharfhouse had failed to prosecute and appear at trial, constituted a final judgment terminating Wharfhouse's claims.
2. Whether Wharfhouse was entitled to a writ of mandamus directing the trial court either to enter a final judgment disposing of its claims or to set those claims for a pretrial conference or trial.
3. Whether the mandamus relief should be issued without prejudice to McInnis's right to seek involuntary dismissal under Rule 41(b), Alabama Rules of Civil Procedure.

Disposition

writ_granted