Chiniche ex rel. Fratto v. Smith

BLOODWORTH, Justice.

This is an appeal by the minor-plaintiff from partial summary judgments in favor of defendants Bonnie Smith and Walter G. Smith. The appeal must be dismissed because summary judgments in favor of two defendants where there are multiple defendants is not a final judgment and will not support an appeal when the trial judge did not make the determination and entry required by Rule 54(b), Alabama Rules of Civil Procedure.

Plaintiff sued in three counts. Count 1 claims against Billy Gene Kimbrell, Jr., and Billy Gene Kimbrell, Sr., for negligence. Count 2 claims against Walter…