“ ‘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