Moseley v. Cook

In my view the Washington Circuit Court improperly certified its judgment in this case as final and appropriate for appeal under Rule 54(b), Ala. R. Civ. P. Accordingly, this Court does not have jurisdiction, and the proper disposition is to dismiss the appeal.

I. Facts and Procedural History

In December 2005, the Washington Probate Court appointed William E. Moseley executor of his mother’s estate, which consisted of 2,740 acres of timberland and which was worth $4.4 million. The mother’s will also created trusts for her four granddaughters and appointed Moseley as trustee of the trusts. The…