Rel: April 17, 2026
Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.
SUPREME COURT OF ALABAMA OCTOBER TERM, 2025-2026
_________________________
SC-2025-0902 _________________________
B.S.H., as mother and next friend of F.W.H., a deceased minor
v.
Grady Scott Humphryes
Appeal from Jefferson Circuit Court, Bessemer Division (CV-19-900855)
COOK, Justice.
B.S.H. and Grady Scott Humphryes, a divorced couple, shared joint SC-2025-0902
custody of their son, F.W.H., a minor.1 Tragedy struck in September 2019
when F.W.H., while in the care of his father Grady, meandered over to a
neighbor's house, gained access to her swimming pool, and drowned.
Following F.W.H.'s death, B.S.H., as F.W.H.'s mother and next
friend, sued both Grady and his neighbor, Jessica June Carmichael, in
the Bessemer Division of the Jefferson Circuit Court, for the wrongful
death of her son. See § 6-5-391, Ala. Code 1975. Grady also filed a cross-
claim against Carmichael for wrongful death. Carmichael then settled
the claims and interpleaded the funds with the trial court to determine
how much each parent was owed. The trial court then dismissed all the
claims against Carmichael with prejudice.
B.S.H. received her half of the funds, but, after Grady pleaded
guilty to criminally negligent homicide, she moved the court to give her
all the funds. According to B.S.H., under Alabama law, Grady could not
receive funds from a death that he had caused.
The trial court found that Alabama law did not preclude Grady's
recovery and that he was entitled to the other half of the settlement
1We refer to the parties as they have referred to themselves in both
the trial court and on appeal. 2 SC-2025-0902
funds. B.S.H. has now appealed. However, as explained below, her appeal
is not from a final judgment and must be dismissed.
Facts and Procedural History
After their divorce, B.S.H. and Grady shared joint custody of their
son, F.W.H. On September 29, 2019, F.W.H. was visiting his father,
Grady, at his home in Hueytown. At some point that day, F.W.H.
wandered over to Carmichael's property, where he gained access to her
swimming pool. F.W.H. was later found unresponsive in the pool, and,
two days later, he died.
On October 2, 2019, B.S.H. sued both Grady and Carmichael in the
trial court. In her complaint, she alleged that both Grady and Carmichael
were liable for the death of F.W.H. under § 6-5-391, which provides a
cause of action for the wrongful death of a minor. Grady filed a cross-
claim against Carmichael under the same statute.
Because authorities were conducting an investigation into Grady
regarding his son's death, Grady moved the trial court to stay the
proceedings pending the outcome of that investigation. The trial court
granted that motion on June 1, 2020.
Later that month, Carmichael reached an agreement with B.S.H.
3 SC-2025-0902
and Grady to settle the case for $100,000 in return for releasing
Carmichael from all claims against her. However, because B.S.H. and
Grady had not agreed on an allocation of the settlement funds between
them, Carmichael moved to interplead the funds with the trial court. The
trial court granted the motion, accepted the funds, and dismissed all the
On September 3, 2020, B.S.H. asked the trial court to disburse
$66,500 of the settlement funds to her. Her request included $33,000 for
attorneys' fees pursuant to a 33% contingency-fee agreement she had
entered into with her attorneys and $33,500 as her half of the remaining
funds. In her motion, B.S.H. also claimed that there was a justiciable
controversy as to whether Grady was eligible to receive any funds
because he had recently been charged with manslaughter.
Grady responded that B.S.H.'s attorneys' fees should be based on
the funds to which she is entitled and not the entire amount of the
settlement funds. Therefore, Grady argued, B.S.H. should receive only
$50,000. The trial court agreed and disbursed $50,000 to B.S.H., but the
trial court determined that it would retain possession of the remainder
of the settlement funds until Grady's criminal proceedings were resolved.
4 SC-2025-0902
On August 15, 2025, Grady entered a plea agreement in which he
pleaded guilty to criminally negligent homicide. After Grady entered his
plea, B.S.H. moved the trial court to disburse the remainder of the funds
to her. According to B.S.H., "[u]nder Alabama law, Grady … cannot be an
heir to the Estate of F.W.H. or otherwise receive a financial benefit from
the death of F.W.H."
Grady opposed that motion and filed his own motion asking that
the remaining $50,000 be disbursed to him, citing § 43-8-253(a), Ala.
Code 1975, in support of his position. That statute prohibits an heir from
receiving the benefits of intestate succession if that heir "feloniously and
intentionally kills the decedent." Because the crime to which he had
pleaded guilty was not felonious and intentional, Grady argued, he was
not prohibited from receiving the remainder of the funds.
The trial court agreed. It denied B.S.H.'s motion and granted
Grady's motion. Specifically, the trial court found that "[t]he parties
resolved the claims against Defendant Carmichael" and that Alabama
law "does not prohibit [Grady] from receiving a portion of the settlement
proceeds." In the final line of its order, the trial court stated that "[a]ll
other issues are reserved for final trial and/or further hearing."
5 SC-2025-0902
B.S.H. thereafter filed a motion to stay disbursement of the funds
to Grady pending appeal, which the trial court granted. She then filed
the present appeal with our Court.
Standard of Review
When facts are undisputed, as they are here, " ' this Court must
determine whether the trial court misapplied the law to the undisputed
facts, applying a de novo standard of review.' " Wood v. Wayman, 47 So.
3d 1212, 1215 (Ala. 2010) (quoting Continental Nat'l Indem. Co. v. Fields,
926 So. 2d 1033, 1035 (Ala. 2005)).
Discussion
B.S.H. raises a single argument on appeal: that Alabama common
law and public policy prohibit Grady from receiving any settlement funds
for a wrong he caused. However, we must first determine whether this
Court has jurisdiction over the appeal before we can consider the merits
of B.S.H.'s argument. Richey v. Morris, 389 So. 3d 347, 348 (Ala. 2023).
For this Court to exercise jurisdiction, the appeal must be from a final
judgment or from a judgment certified as final under Rule 54(b), Ala. R.
Civ. P. Foster v. Greer & Sons, Inc., 446 So. 2d 605, 609-10 (Ala. 1984).
Because the issue of the finality of a judgment being appealed from is a
6 SC-2025-0902
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Rel: April 17, 2026
Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.
SUPREME COURT OF ALABAMA OCTOBER TERM, 2025-2026
_________________________
SC-2025-0902 _________________________
B.S.H., as mother and next friend of F.W.H., a deceased minor
v.
Grady Scott Humphryes
Appeal from Jefferson Circuit Court, Bessemer Division (CV-19-900855)
COOK, Justice.
B.S.H. and Grady Scott Humphryes, a divorced couple, shared joint SC-2025-0902
custody of their son, F.W.H., a minor.1 Tragedy struck in September 2019
when F.W.H., while in the care of his father Grady, meandered over to a
neighbor's house, gained access to her swimming pool, and drowned.
Following F.W.H.'s death, B.S.H., as F.W.H.'s mother and next
friend, sued both Grady and his neighbor, Jessica June Carmichael, in
the Bessemer Division of the Jefferson Circuit Court, for the wrongful
death of her son. See § 6-5-391, Ala. Code 1975. Grady also filed a cross-
claim against Carmichael for wrongful death. Carmichael then settled
the claims and interpleaded the funds with the trial court to determine
how much each parent was owed. The trial court then dismissed all the
claims against Carmichael with prejudice.
B.S.H. received her half of the funds, but, after Grady pleaded
guilty to criminally negligent homicide, she moved the court to give her
all the funds. According to B.S.H., under Alabama law, Grady could not
receive funds from a death that he had caused.
The trial court found that Alabama law did not preclude Grady's
recovery and that he was entitled to the other half of the settlement
1We refer to the parties as they have referred to themselves in both
the trial court and on appeal. 2 SC-2025-0902
funds. B.S.H. has now appealed. However, as explained below, her appeal
is not from a final judgment and must be dismissed.
Facts and Procedural History
After their divorce, B.S.H. and Grady shared joint custody of their
son, F.W.H. On September 29, 2019, F.W.H. was visiting his father,
Grady, at his home in Hueytown. At some point that day, F.W.H.
wandered over to Carmichael's property, where he gained access to her
swimming pool. F.W.H. was later found unresponsive in the pool, and,
two days later, he died.
On October 2, 2019, B.S.H. sued both Grady and Carmichael in the
trial court. In her complaint, she alleged that both Grady and Carmichael
were liable for the death of F.W.H. under § 6-5-391, which provides a
cause of action for the wrongful death of a minor. Grady filed a cross-
claim against Carmichael under the same statute.
Because authorities were conducting an investigation into Grady
regarding his son's death, Grady moved the trial court to stay the
proceedings pending the outcome of that investigation. The trial court
granted that motion on June 1, 2020.
Later that month, Carmichael reached an agreement with B.S.H.
3 SC-2025-0902
and Grady to settle the case for $100,000 in return for releasing
Carmichael from all claims against her. However, because B.S.H. and
Grady had not agreed on an allocation of the settlement funds between
them, Carmichael moved to interplead the funds with the trial court. The
trial court granted the motion, accepted the funds, and dismissed all the
On September 3, 2020, B.S.H. asked the trial court to disburse
$66,500 of the settlement funds to her. Her request included $33,000 for
attorneys' fees pursuant to a 33% contingency-fee agreement she had
entered into with her attorneys and $33,500 as her half of the remaining
funds. In her motion, B.S.H. also claimed that there was a justiciable
controversy as to whether Grady was eligible to receive any funds
because he had recently been charged with manslaughter.
Grady responded that B.S.H.'s attorneys' fees should be based on
the funds to which she is entitled and not the entire amount of the
settlement funds. Therefore, Grady argued, B.S.H. should receive only
$50,000. The trial court agreed and disbursed $50,000 to B.S.H., but the
trial court determined that it would retain possession of the remainder
of the settlement funds until Grady's criminal proceedings were resolved.
4 SC-2025-0902
On August 15, 2025, Grady entered a plea agreement in which he
pleaded guilty to criminally negligent homicide. After Grady entered his
plea, B.S.H. moved the trial court to disburse the remainder of the funds
to her. According to B.S.H., "[u]nder Alabama law, Grady … cannot be an
heir to the Estate of F.W.H. or otherwise receive a financial benefit from
the death of F.W.H."
Grady opposed that motion and filed his own motion asking that
the remaining $50,000 be disbursed to him, citing § 43-8-253(a), Ala.
Code 1975, in support of his position. That statute prohibits an heir from
receiving the benefits of intestate succession if that heir "feloniously and
intentionally kills the decedent." Because the crime to which he had
pleaded guilty was not felonious and intentional, Grady argued, he was
not prohibited from receiving the remainder of the funds.
The trial court agreed. It denied B.S.H.'s motion and granted
Grady's motion. Specifically, the trial court found that "[t]he parties
resolved the claims against Defendant Carmichael" and that Alabama
law "does not prohibit [Grady] from receiving a portion of the settlement
proceeds." In the final line of its order, the trial court stated that "[a]ll
other issues are reserved for final trial and/or further hearing."
5 SC-2025-0902
B.S.H. thereafter filed a motion to stay disbursement of the funds
to Grady pending appeal, which the trial court granted. She then filed
the present appeal with our Court.
Standard of Review
When facts are undisputed, as they are here, " ' this Court must
determine whether the trial court misapplied the law to the undisputed
facts, applying a de novo standard of review.' " Wood v. Wayman, 47 So.
3d 1212, 1215 (Ala. 2010) (quoting Continental Nat'l Indem. Co. v. Fields,
926 So. 2d 1033, 1035 (Ala. 2005)).
Discussion
B.S.H. raises a single argument on appeal: that Alabama common
law and public policy prohibit Grady from receiving any settlement funds
for a wrong he caused. However, we must first determine whether this
Court has jurisdiction over the appeal before we can consider the merits
of B.S.H.'s argument. Richey v. Morris, 389 So. 3d 347, 348 (Ala. 2023).
For this Court to exercise jurisdiction, the appeal must be from a final
judgment or from a judgment certified as final under Rule 54(b), Ala. R.
Civ. P. Foster v. Greer & Sons, Inc., 446 So. 2d 605, 609-10 (Ala. 1984).
Because the issue of the finality of a judgment being appealed from is a
6 SC-2025-0902
jurisdictional question, we may consider that issue regardless of whether
the parties have raised it. Ex parte Eustace, 291 So. 3d 33, 36 (Ala.
2019) (noting that this Court "addresses ex mero motu" the lack of
jurisdiction when an appeal is from a nonfinal judgment).
A final judgment is one that "conclusively determines the issues
before the court and ascertains and declares the rights of the parties
involved." Bean v. Craig, 557 So. 2d 1249, 1253 (Ala. 1990). In general,
" ' a trial court's order is not final [for purposes of appeal] unless it
disposes of all claims as to all parties.' " First Commercial Bank of
Huntsville v. Nowlin, 122 So. 3d 829, 831 (Ala. 2013) (citation omitted).
In other words, a final judgment "is one that puts an end to the
proceedings between the parties ... and leaves nothing further for
adjudication." Ex parte Wharfhouse Rest. & Oyster Bar, Inc., 796 So. 2d
316, 320 (Ala. 2001).
In her complaint, B.S.H. alleged two wrongful-death claims -- one
against Grady and one against Carmichael. Grady, in turn, alleged a
cross-claim against Carmichael for wrongful death. In its order, the trial
court found that "[t]he parties resolved the claims against Defendant
Carmichael" but that "[a]ll other issues are reserved for final trial and/or
7 SC-2025-0902
further hearing." That means B.S.H.'s original wrongful-death claim
against Grady remains pending. Because the trial court has expressly
acknowledged that it has not adjudicated " ' all claims as to all parties,' "
Nowlin, 122 So. 3d at 831, its order is not final, and we lack jurisdiction.
Accordingly, we must dismiss this appeal.
APPEAL DISMISSED.
Stewart, C.J., and Wise, Sellers, and Parker, JJ., concur.