Cynthia Gerhard and Elkton S. Gerhard III v. Elkton S. Gerhard, Jr.

Summary

The Supreme Court of Alabama dismissed an appeal from an order authorizing the sale of jointly owned property for division of the proceeds. The court held that the order was final for purposes of appeal but that the appellants waived appellate review by stipulating to the sale without reserving their right to appeal and without seeking to set aside the consent judgment for fraud or mistake.

Holdings

1. An order directing the sale of property for division, even when the trial court retains jurisdiction to determine later adjustments and distribution of sale proceeds, is a final judgment for purposes of appeal when it ascertains the parties' rights and settles the equities.
2. Appellants waived their right to appeal an order entered pursuant to their stipulations and consent because they did not reserve appellate rights and did not seek to set aside the order for fraud or mistake.
3. Pro se status, asserted reading and learning disabilities, lack of knowledge that a motion to reconsider or amend might be required, and claimed lack of notice did not excuse appellants' waiver where the record showed they received the relevant pleadings and understood and agreed to the sale.

Questions Presented

1. Whether the Mobile Circuit Court's order directing a sale for division was a final judgment appealable before the sale was completed.
2. Whether appellants waived their right to appeal by stipulating to and consenting to the order authorizing the sale for division without reserving appellate rights.
3. Whether appellants' pro se status, asserted disabilities, lack of knowledge of procedural requirements, or claimed lack of notice excused the waiver.

Disposition

dismissed