Legal Opinion · Concurrence

Davis v. Turner

Court of Civil Appeals of Alabama

Decided July 2, 1975No. Civ. 549Published

1ConcurrenceWright, Presiding Judge

I concur that the appeal in this case must be dismissed, but not for the same reasons stated by the majority.

The decree rendered by the court below has all the language of a final judgment required by Title 27, Sec. 4. It is clearly intended as a final decree, even directing that notice be sent to the State Department of Pensions and Security. It may be assumed that such order was acted upon and that the Bureau of Vital Statistics may already have changed its records according to the directions of Section 4.

I am unable to see that such a final order may be “considered” as an interlocutory one…

2Cases cited2 opinions

  1. Evans v. RosserSupreme Court of Alabama · 1966
  2. Thornton v. First National Bank of BirminghamSupreme Court of Alabama · 1973

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