701 So. 2d 43 | Ala. Civ. App. | 1997
Willia Mae Farley (the "worker") and the law firm of Whitehurst Whitehurst sued *44
Genuine Parts Company (the "company") and others.1 Count One requested benefits under the provisions of the Alabama Worker's Compensation Act, Ala. Code 1975, §
In the employment contract, the worker and the law firm agreed to a 25% attorney fee, if the court would approve that fee; that amount exceeded the maximum of 15% allowed by §
"However, the denial of a summary judgment is inherently nonfinal and a certificate following the precise language of Rule 54(b) cannot serve to make it final and thus appealable."Ex parte State Farm General Ins. Co.,
Bean v. Craig,"An appeal ordinarily will lie only from a final judgment — i.e., one that conclusively determines the issues before the court and ascertains and declares the rights of the parties involved. Taylor v. Taylor,
398 So.2d 267 (Ala. 1981). A summary judgment operates as an adjudication on the merits of a claim. McMillon v. Hunter,439 So.2d 153 ,154 (Ala. 1983). In contrast, the denial of a motion for summary judgment is not a judgment, Food Service Distributors, Inc. v. Barber,429 So.2d 1025 (Ala. 1983), and is therefore not appealable."
The appeal is dismissed.
APPEAL DISMISSED.
ROBERTSON, P.J., and YATES, MONROE, and THOMPSON, JJ., concur.