# City of Prattville v. Corley

> Supreme Court of Alabama · October 10, 2003 · 892 So. 2d 845

URL: https://www.frixlaw.com/law-library/cases/9938568

## Case

- **Full name:** City of Prattville v. Mary Corley City of Prattville v. Gary Cranmore City of Prattville v. Gwen Cox
- **Court:** Supreme Court of Alabama
- **Decided:** October 10, 2003
- **Citations:** 892 So. 2d 845; 2003 WL 22320933
- **Precedential status:** Published
- **Opinion:** Dissent by Woodall
- **Judges:** See, Woodall
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9938568

## Opinion text

Under Rule 5, Ala. R.App. P., an appeal by permission may be allowed where an "interlocutory order involves a controlling
question of law as to which there is substantial ground for difference of opinion." (Emphasis added.) Here, although the interlocutory order involves a question of law, it certainly does not involve a "controlling" question of law. Therefore, I must respectfully dissent, because I would dismiss this appeal without prejudice.
In certifying its order for permissive appeal, the trial court clearly expressed its hope that an immediate appeal would facilitate "further attempts to reach final resolutions or settlements in these matters," and even went so far as to state "that pretrial resolution is probable if [the legal] issue is . . . decided by [this Court]." While the trial court's interest in settlement is understandable, and while pretrial settlements are to be encouraged, those factors do not make the issue presented "controlling," for purposes of Rule 5.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9938568. Public record. Not legal advice.