Summary
The Supreme Court of Alabama held that the trial court's Rule 54(b) certification was ineffective because the plaintiffs' claims for refunds and other damages had not been fully adjudicated. The court rejected the Court of Civil Appeals' conclusion that sovereign immunity made the judgment final and reviewable. It reversed and remanded with instructions to dismiss the appeal and direct the trial court to vacate the Rule 54(b) certification.
Holdings
- A claim for which damages are sought is not fully adjudicated for Rule 54(b) purposes until the damages element is resolved; a judgment deciding only liability cannot be made final by Rule 54(b) certification.
Questions Presented
- Whether a trial court may effectively certify a liability judgment as final under Rule 54(b) when damages on the claim remain undetermined.
- Whether the Court of Civil Appeals had appellate jurisdiction over the Rule 54(b)-certified judgment.
Disposition
reversed_and_remanded
Cases Cited (14)
- Alabama Dep't of Corr. v. Merritt, 74 So. 3d 1 (Ala. Civ. App. 2010)(followed procedurally)
- Hutchinson v. State, 66 So. 3d 220 (Ala. 2010)(not reached)
- Stark v. Troy State University, 514 So. 2d 46 (Ala. 1987)(discussed)
- Ex parte Carlisle, 894 So. 2d 721 (Ala. Civ. App. 2004)(discussed)
- Haynes v. Alfa Fin. Corp., 730 So. 2d 178, 181 (Ala. 1999)(followed)
- Grantham v. Vanderzyl, 802 So. 2d 1077, 1080 (Ala. 2001)(followed)
- Goldome Credit Corp. v. Player, 869 So. 2d 1146, 1147 (Ala. Civ. App. 2003)(followed)
- Precision American Corp. v. Leasing Serv. Corp., 505 So. 2d 380, 382 (Ala. 1987)(followed)
- Moody v. State ex rel. Payne, 351 So. 2d 547, 551 (Ala. 1977)(followed)
- "Automatic" Sprinkler Corp. of America v. B.F. Goodrich Co., 351 So. 2d 555, 557 (Ala. 1977)(followed)
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Cited In (0)
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