Legal Opinion · Concurring in part, dissenting in part

Ex Parte Franklin Cnty Dept of Human Resources

Supreme Court of Alabama

Decided January 12, 1996No. 1940662Published

1Concurring in part, dissenting in partMaddox, Justice

(concurring in the judgment and in Part I of the opinion; dissenting from Part II of the opinion).

I concur in the judgment directing the circuit court to dismiss Rorer’s counterclaim against the Franklin County Department of Human Resources. I must respectfully dissent from the majority’s refusal to adopt the collateral order doctrine.

As the majority states, the Franklin County Department of Human Resources, along with the attorney general, has asked this Court to treat its petition as an interlocutory appeal and has urged the Court to adopt the collateral order doctrine employed by the…

2Cases cited51 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Mitchell v. ForsythSupreme Court of the United States · 1985
  3. Edelman v. JordanSupreme Court of the United States · 1974
  4. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  5. Johnson v. JonesSupreme Court of the United States · 1995

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