Williams v. Continental Oil Co.

EMBRY, Justice.

This is an appeal from an order entered 31 August 1979 purporting to dismiss plaintiff’s case and the counterclaim of defendant. The question presented is whether this appeal should be dismissed because the judgment appealed from is void and therefore not appealable.

This case has been here before on petition for writ of mandamus. Continental Oil Co. v. Williams, 370 So.2d 953 (Ala.1979).

The relevant facts of this ease are stated chronologically:(1) On 7 April 1978, plaintiff, Continental Oil Company, filed a motion to compel defendant, Joe C. Williams, to more fully answer…