Appellate Law

Appeal From Partial Summary Judgment Ordering Injunction Dismissed

In Martin v. Phillips, No. 2070351 (Ala. Civ. App. Oct. 24, 2008), Phillips asserted claims against Martin for trespass, nuisance and taking of riparian rights.  Pursuant to ARCP 54(b), the trial court court certified as final the order in which it granted summary judgment in favor of Phillips on his riparian rights claim and issued an injunction; the summary judgment order acknowledged that the trial court did not decide Phillips's request for damages under the riparian rights claim.  Martin's attempt to obtain appellate review of the order issuing the injunction and granting partial summary judgment failed for two reasons.  Martin styled his appeal as an appeal from the trial court's Rule 54(b) certification; however, "the trial court entered a partial summary judgment in favor of Phillips on only that portion of his taking-of-riparian-rights claim seeking an injunction; it did not adjudicate that portion of the very same claim seeking money damages. As noted in Southern Natural Gas Co., supra, damages are an element of a claim, one which, in the present case, remains unadjudicated. Because the trial court did not adjudicate the entirety of Phillips's taking-of-riparian-rights claim, but, instead, left a portion of that claim for later determination, the trial court's order did not qualify for certification as a final judgment under Rule 54(b)."  Martin could have appealed from the injunction under ARAP 4(a)(1) which, "provides that an appeal may be taken from an interlocutory order granting an injunction but that the notice of appeal must be filed within 14 days of the entry of the order. . . . Martin did not file his notice of appeal within 14 days of the entry of the order from which he has appealed. Because the filing of a timely notice of appeal is a prerequisite to the exercise of appellate jurisdiction, this court lacks jurisdiction and must dismiss the appeal."  Martin (citation omitted).  The Court's analysis of the Rule 54(b) certification is thorough and raises a point that might be overlooked. 

In a case involving multiple parties or multiple claims, ARCP Rule 54(b) enables a trial court to certify as as final for purposes of appeal a summary judgment that resolves some - but not all - of the claims in the case. The trial court may not certify a partial summary judgment as final under Rule 54(b) unless the order fully adjudicates one entire claim or all of the claims that relate to one party.  "`[F]or a Rule 54(b) certification of finality to be effective, it must fully adjudicate at least one claim or fully dispose of the claims as they relate to at least one party.' Haynes v. Alfa Fin. Corp., 730 So. 2d 178, 181 (Ala. 1999)."  Martin (emphasis supplied). ""[T]he trial court cannot confer appellate jurisdiction upon this [C]ourt through directing entry of judgment under Rule 54(b) if the judgment is not otherwise `final.'" Robinson v. Computer Servicenters, Inc., 360 So. 2d 299, 302 (Ala. 1978)." Id.

Full post as published by Alabama Appellate Watch on November 07, 2008 (boomark / email).