82 So. 3d 655
Ala.2011Background
- Lawrence operates Montgomery Memorial Cemetery; Lawrence purchased it from Alderwoods in 2002.
- Ben Jakeman bought a 10-space family plot in 1967; burial within the plot was limited to Jakeman or O'Neal family members.
- MMC allegedly conveyed two spaces in Ben's plot to James A. Jones and Judy A. Jones in 2002; James was interred there after his death.
- Kenneth learned in 2006 of the burial; MMC disinterred James and moved his body and marker, but reburied him in another space on Ben's plot.
- Kenneth sued in 2010 for various tortious and contractual claims; Judy cross-claimed against Alderwoods, Lawrence, and MMC.
- The trial court dismissed all Kenneth claims; Judy moved postjudgment; an amended order left Judy's cross-claim pending.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is from a final judgment | Jakeman argues the case was disposed of all claims. | Alderwoods/Lawrence/MMC contend Judy's cross-claim remained pending, so judgment was not final. | Appeal dismissed for lack of finality. |
| Whether Judy's cross-claim pending below prevents final judgment | Jakeman notes cross-claim status is irrelevant to finality of Kenneth's claims. | Cross-claim remained, so judgment could not be final as to all claims. | Amended judgment was nonfinal; not a proper final judgment for appeal. |
| Whether Rule 54(b) certification was required | Kenneth argues the court disposed of all claims as to all parties. | No Rule 54(b) certification; judgment not final as to Judy's cross-claim. | No Rule 54(b) certification; judgment not final for appeal. |
Key Cases Cited
- Bon Harbor, LLC v. United Bank, 20 So. 3d 1263 (Ala. 2009) (subject-matter jurisdiction cannot be waived by arguments)
- Riley v. Hughes, 17 So. 3d 643 (Ala. 2009) (jurisdictional analysis independent of party arguments)
- Rollins v. Rollins, 903 So. 2d 828 (Ala. Civ. App. 2004) (premature postjudgment motions may quicken on final judgment date)
- New Addition Club, Inc. v. Vaughn, 903 So. 2d 68 (Ala. 2004) (timing of postjudgment motions and tolling rules)
- T.T.T. v. R.H., 999 So. 2d 544 (Ala. Civ. App. 2008) (treat premature postjudgment motion as timely from final judgment date)
- Dickerson v. Alabama State Univ., 852 So. 2d 704 (Ala. 2002) (final judgments dispose of all claims unless Rule 54(b) certification)
- Crutcher v. Williams, 12 So. 3d 631 (Ala. Civ. App. 2008) (an order left unresolved as to cross-claims is nonfinal)
- Faulk v. Rhodes, 43 So. 3d 624 (Ala. Civ. App. 2010) (judgment failing to adjudicate all pending claims lacks finality)