Bessie Kirksey v. Iris Johnson
Supreme Court of Alabama
1ConcurrenceMurdock, Justice
The main opinion concludes its review of the propriety of the probate court’s Rule 54(b), Ala. R. Civ. P., certification of its November 25, 2013, order by reasoning that the probate court’s order was not properly certifiable as a final, appealable judgment under Rule 54(b) because that order did not “completely adjudicate” a claim. 166 So.3d at 643. To be clear, not only did the probate court’s order not “completely” adjudicate a claim, it did not even “partially” adjudicate a claim. Indeed, to the contrary, it “undid” an otherwise final adjudication of a claim, thereby leaving that claim…
2Cases cited9 opinions
- Haynes v. Alfa Financial Corp.Supreme Court of Alabama · 1999
- James v. Alabama Coalition for Equity, Inc.Supreme Court of Alabama · 1997
- Sidag Aktiengesellschaft, a Corporation of Switzerland v. Smoked Foods Products Company, Inc., Etc., Ronald C. Cox and Sales U.S.A., Inc.Court of Appeals for the Fifth Circuit · 1987
- McDonald v. LyleSupreme Court of Alabama · 1960
- Ex Parte OvertonSupreme Court of Alabama · 2007
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