Davidson v. Davidson

Supreme Court of Alabama

Davidson v. Davidson

369 So. 2d 553, 1979 Ala. LEXIS 2752

CourtSupreme Court of Alabama

DecidedApril 6, 1979

Docket77-677

StatusPublished

Cited by1 cases

This text of 369 So. 2d 553 (Davidson v. Davidson) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davidson v. Davidson, 369 So. 2d 553, 1979 Ala. LEXIS 2752 (Ala. 1979).

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Opinion

MADDOX, Justice.

Upon our own motion, this Court notes the lack of a final judgment due to the fact that the circuit court has ordered an accounting. We therefore dismiss the appeal for lack of the required certificate under ARCP 54(b). We note, however, that if the circuit court, in its discretion, executes a certificate and if a timely appeal is thereafter taken, this Court will consider the matter upon the record with proper supplementation (including the certificate) and upon the present briefs and oral arguments of the parties if the parties are so minded. Thames v. Gunter-Dunn, 365 So.2d 1216 (Ala.1979).

APPEAL DISMISSED.

TORBERT, C. J., and JONES, SHORES and BEATTY, JJ., concur.

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MADDOX, Justice.

Upon our own motion, this Court notes the lack of a final judgment due to the fact that the circuit court has ordered an accounting. We therefore dismiss the appeal for lack of the required certificate under ARCP 54(b). We note, however, that if the circuit court, in its discretion, executes a certificate and if a timely appeal is thereafter taken, this Court will consider the matter upon the record with proper supplementation (including the certificate) and upon the present briefs and oral arguments of the parties if the parties are so minded. Thames v. Gunter-Dunn, 365 So.2d 1216 (Ala.1979).

APPEAL DISMISSED.

TORBERT, C. J., and JONES, SHORES and BEATTY, JJ., concur.

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369 So. 2d 553, 1979 Ala. LEXIS 2752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davidson-v-davidson-ala-1979.

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