Jett v. Carter

I concur in overruling Schroeder v. McWhite, 569 So.2d 316 (Ala. 1990). I agree with the majority that Schroeder reached the correct result in finding no appellate jurisdiction in the circuit court, but for the wrong reason, because the order appealed from in Schroeder did not fall within one of the seven kinds of proceedings for which an appeal to circuit court is authorized by § 12-22-21, Ala. Code 1975.

That portion of § 4 of Act No. 1144 conferring the right to appeal uses the words "Appeals may be taken . . . to the Supreme Court." If the Legislature had intended to limit the litigant to…