63 So. 3d 1256
Ala.2010Background
- Dispute concerns construction of a residence in Montgomery County; Lighting Fair, Cherry Marble, and Texture Crete sue Taylor, Taylor Homes, Rosenbergs, and Regions for liens and related claims.
- Rosenbergs executed a construction contract with Taylor Homes to build a home for about $756,000, with progress-based disbursements and an arbitration clause under the FAA.
- Regions provided a loan to the Rosenbergs and Taylor Homes, with disbursements governed by a schedule, and Regions disclaimed agency status and inspection duties.
- Rosenbergs signed a loan contract with Regions; Regions performed limited inspections and disbursed funds per Rosenbergs’ signed requests, with each disbursement bearing warranties that subcontractors were paid.
- Materialmen supplied materials after 90% loan disbursed while house was only about 78.5% complete; liens were filed by Lighting Fair, Texture Crete, and Cherry Marble against the Rosenbergs.
- The trial court granted summary judgment for Regions and the materialmen against the Rosenbergs; it ordered arbitration of the Rosenbergs’ cross-claims against Taylor and Taylor Homes; and it later certified a final judgment under Rule 54(b), which the appellate court ultimately dismissed as improper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Rosenbergs’ cross-claims against Taylor and Taylor Homes were properly appealed. | Rosenbergs contends the arbitration order was appealable. | Arbitration order timely; untimely filing bars review. | Untimely appeal; dismissal of that portion. |
| Whether the March 22, 2010 Rule 54(b) certification was proper. | Certification no just reason for delay; appropriate to finalize. | Certification proper given finality of those claims. | Certification improper; appeals dismissed in their entirety. |
Key Cases Cited
- Branch v. SouthTrust Bank of Dothan, N.A., 514 So.2d 1373 (Ala. 1987) (no improper piecemeal review when intertwined claims pose risk of inconsistency)
- MCI Constructors, LLC v. City of Greensboro, 610 F.3d 849 (4th Cir. 2010) (factors for Rule 54(b) no-just-reason-for-delay review including mootness risk)
- Allis-Chalmers Corp. v. Philadelphia Elec. Co., 521 F.2d 360 (3d Cir. 1975) (interrelationship of claims governs 54(b) certification)
- Bowater, Inc. v. Zager, 901 So.2d 658 (Ala. 2004) (appeals from arbitration orders governed by Rule 4(d))
- Centennial Assocs. v. Guthrie, 20 So.3d 1277 (Ala. 2009) (no-excessive 54(b) certification when remaining claims closely tied)