Legal Opinion · Dissent

Wallace v. Belleview Properties Corp.

Supreme Court of Alabama

Decided December 21, 2012No. 1100902Published

1DissentShaw, Justice

I respectfully dissent. Except as otherwise provided by law, appeals lie only from final judgments. Gilbert v. Nicholson, 845 So.2d 785, 790 (Ala.2002) (“It is well settled that ‘[a]n appeal will not lie from an order or judgment which is not final.’ ” (quoting Robinson v. Computer Servicenters, Inc., 360 So.2d 299, 302 (Ala.1978))). This principle is not aspirational; it is statutory. See Ala.Code 1975, § 12-22-2 (“From any final judgment of the circuit court or probate court, an appeal lies to the appropriate appellate court as a matter of right-”); John Crane-Houdaille, Inc. v. Lucas, 534…

2Cases cited24 opinions

  1. Branch v. Southtrust Bank of Dothan, N.A.Supreme Court of Alabama · 1987
  2. Dzwonkowski v. Sonitrol of Mobile, Inc.Supreme Court of Alabama · 2004
  3. Page v. PreisserCourt of Appeals for the Eighth Circuit · 1978
  4. Brown v. Whitaker Contracting Corp.Court of Civil Appeals of Alabama · 1996
  5. Schwartz v. Compagnie General TransatlantiqueCourt of Appeals for the Second Circuit · 1968

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