Vestavia Country Club v. Armstrong

On Rehearing

SIMPSON, Justice.

The rehearing brief of appellant questions the soundness of the statement in the original opinion that the “judgment by default with leave to prove damages” was interlocutory.

As we read the cases, this is a correct statement of the law. It is inconceivable that there could be two final judgments in a single action at law. “It is not the practice of courts of law to dispose of causes piecemeal by rendering separate final judgments, at different times.” Ex parte Mason, 213 Ala. 279, 104 So. 523, 524.

As we said in Ex parte Overton, 174 Ala. 256, 258, 57 So. 434:

“But…