628 So. 2d 782 | Ala. Civ. App. | 1993
This is a workmen's compensation case.
The record reveals that following an ore tenus proceeding, the trial court entered an order in June 1991, finding that John Pate was injured in the line and scope of his employment with Jack Cornelius Shop d/b/a Crossroads Equipment (Crossroads). The trial court determined that Pate was permanently and totally disabled and it awarded benefits accordingly. Ultimately, in September 1992, Pate filed a motion seeking to have all payments due from Crossroads paid in a lump sum pursuant to Ala. Code 1975, §
Pate contends that failure to rule on this motion within 90 days amounted to denial of his motion by operation of law, pursuant to Rule 59.1, A.R.Civ.P., and that such denial was error.
Pate acknowledges that his motion to compel lump-sum payments was made pursuant to Ala. Code 1975, §
Unless otherwise specified by law, a proper appeal will lie only from a final order or judgment. Smith v. Jones,
For the foregoing reasons, we find that Pate's appeal is improper, and that this court has no jurisdiction to hear the appeal. This appeal is due to be dismissed.
Appeal Dismissed.
ROBERTSON, P.J., and YATES, J., concur.