First Commercial Bank of Huntsville v. Nowlin

Summary

The Alabama Supreme Court dismissed an appeal from a summary judgment because the judgment did not resolve all claims against all parties and lacked a Rule 54(b) certification. Claims remained pending against one defendant, making the judgment nonfinal as to the other defendants as well.

Holdings

1. An order granting summary judgment to some defendants is not final when claims against another party remain unresolved, unless the trial court expressly certifies the judgment under Rule 54(b).

Questions Presented

1. Whether the trial court's summary-judgment order was a final, appealable judgment when claims against one party remained pending.
2. Whether the absence of an express Rule 54(b) certification rendered the order nonfinal despite the order resolving all claims against some defendants.

Disposition

dismissed