Underside v. Lathrop

OP ALA, Justice:

This case comes to us laden with a fatal postural infirmity. The relief sought by appellant cannot be granted and the appeal must be dismissed. The dispositive question before us is whether appellant is presently aggrieved by a judgment rendered between two other parties in the case. Our answer is in the negative.

I

THE ANATOMY OF LITIGATION

In this dispute over liability for a fire loss the homeowner’s action invoked two alternative remedies to recover a single claim. These remedies were pleaded as separate “causes of action”. 1 In the first alternative count — pressed against…