Opinion

Young v. Sandlin

  • 703 So. 2d 1005
  • 1997 WL 592603
Court
Court of Civil Appeals of Alabama
Filed
Sep 26, 1997
Status
Published
Author
Crawley
On the bench
Crawley, Robertson
Cited by
23 cases
Authority
More cited than 15.1%

“ ‘When it is determined that an order appealed from is not a final judgment, it is the duty of the Court to dismiss the appeal ex mero motu.’ ” (quoting Powell v. Republic Nat’l Life Ins. Co., 293 Ala. 101, 102, 300 So.2d 359, 360 (1974))

How later courts described this case

  • “ ‘When it is determined that an order appealed from is not a final judgment, it is the duty of the Court to dismiss the appeal ex mero motu.’ ” (quoting Powell v. Republic Nat’l Life Ins. Co., 293 Ala. 101, 102, 300 So.2d 359, 360 (1974))

Written by the judges who cited it.

The opinion

I conclude that the summary judgment entered for Sandlin is a final appealable judgment. I first disagree with Judge Robertson's conclusion that the compensatory damages are not specific. The trial court awarded compensatory damages in the amount of "the life insurance proceeds," which are undisputably $25,232.09. Furthermore, although the trial court did not indicate whether it would award or disallow punitive damages and costs, the failure to rule on those claims amounts to a denial of those claims. McClure v. Moore , 565 So.2d 8 (Ala. 1990); Hingle v. Gann , 368 So.2d 22 (Ala. 1979). Therefore, I would not dismiss the appeal, but rather address the merits of the appeal. *Page 1011

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.