Dodd v. Semmes Development Co., LLC, 2090308 (ala.civ.app. 6-10-2011)

Elizabeth P. Dodd, the estate of Thomas H. Dodd, Jr., and Holly and Camellia, LLC (collectively referred to as “the Dodds”), appeal from a partial summary judgment, which the Mobile Circuit Court certified as final pursuant to Rule 54(b), Ala. R. Civ. P., in favor of Semmes Development Co., LLC (“SDC”), and Tom Dodd Nursery, Inc., a/k/a Tom Dodd Nurseries (“the nursery”). We hold that the trial court erred in certifying the partial summary judgment as final pursuant to Rule 54(b), and, therefore, we dismiss the appeal.

The pertinent facts are as follows. The nursery, purporting to have a…