State Farm Mutual Automobile Insurance Co. v. Reid

Court of Civil Appeals of Alabama

State Farm Mutual Automobile Insurance Co. v. Reid

833 So. 2d 635, 2001 Ala. Civ. App. LEXIS 736, 2001 WL 1450664

CourtCourt of Civil Appeals of Alabama

DecidedNovember 16, 2001

Docket2000241

StatusPublished

This text of 833 So. 2d 635 (State Farm Mutual Automobile Insurance Co. v. Reid) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State Farm Mutual Automobile Insurance Co. v. Reid, 833 So. 2d 635, 2001 Ala. Civ. App. LEXIS 736, 2001 WL 1450664 (Ala. Ct. App. 2001).

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Opinion

CRAWLEY, Judge.

Rex D. Reid and Donna Reid sued State Farm Mutual Automobile Insurance Company, alleging breach of contract. State Farm answered and filed a motion for a summary judgment on the grounds that the Reids had not allowed it a reasonable time to investigate their claims, pursuant to Lambert v. State Farm Mutual Automobile Insurance Co., 576 So.2d 160 (Ala.1991). The trial court denied the motion. As indicated by State Farm’s notice of appeal, State Farm appeals from the trial court’s order denying its summary-judgment motion.

An appeal ordinarily lies only from the entry of a final judgment. Ala.Code 1975, § 12-22-2; Bean v. Craig, 557 So.2d 1249 (Ala.1990). An order denying a summary judgment is interlocutory and is generally nonappealable. Mancil v. Jeffreys Steel Co., 532 So.2d 1262 (Ala.Civ.App.1988); Nationwide Prop. & Cas. Ins. Co. v. DPF Architects 792 So.2d 369 (Ala.2001); and Ex parte Rizk, 791 So.2d 911 (Ala.2000); but see Rule 5, Ala.R.App. P. (allowing appeal of interlocutory orders by permission).

APPEAL DISMISSED.

YATES, P.J., and THOMPSON and PITTMAN, JJ., concur. MURDOCK, J., concurs in the result.

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CRAWLEY, Judge.

Rex D. Reid and Donna Reid sued State Farm Mutual Automobile Insurance Company, alleging breach of contract. State Farm answered and filed a motion for a summary judgment on the grounds that the Reids had not allowed it a reasonable time to investigate their claims, pursuant to Lambert v. State Farm Mutual Automobile Insurance Co., 576 So.2d 160 (Ala.1991). The trial court denied the motion. As indicated by State Farm’s notice of appeal, State Farm appeals from the trial court’s order denying its summary-judgment motion.

An appeal ordinarily lies only from the entry of a final judgment. Ala.Code 1975, § 12-22-2; Bean v. Craig, 557 So.2d 1249 (Ala.1990). An order denying a summary judgment is interlocutory and is generally nonappealable. Mancil v. Jeffreys Steel Co., 532 So.2d 1262 (Ala.Civ.App.1988); Nationwide Prop. & Cas. Ins. Co. v. DPF Architects 792 So.2d 369 (Ala.2001); and Ex parte Rizk, 791 So.2d 911 (Ala.2000); but see Rule 5, Ala.R.App. P. (allowing appeal of interlocutory orders by permission).

APPEAL DISMISSED.

YATES, P.J., and THOMPSON and PITTMAN, JJ., concur. MURDOCK, J., concurs in the result.

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833 So. 2d 635, 2001 Ala. Civ. App. LEXIS 736, 2001 WL 1450664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-co-v-reid-alacivapp-2001.

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