Waters v. Moody
Waters v. Moody
Opinion
This is a property line dispute between coterminous land-owners.
Angela Moody and her father, Bruce Moody, sued Jackson Waters, Jr., and his wife, Norma Sue Waters, seeking a temporary restraining order prohibiting the Waterses from trespassing, cutting trees, and removing a fence. The Moodys also sought damages for trespass and asked the court to establish the proper boundary line between the Moodys' property and the Waterses' *Page 729 property. The Moodys contend, contrary to what is indicated by surveys, that an old fence line is the boundary line between the properties and that it has been for more than 70 years.
The court granted the temporary restraining order and bifurcated the issues — the location of the true boundary line and the question of trespass — for separate trials. The trial court held a hearing on April 9, 1997, on the boundary line issue. After hearing testimony and viewing the properties, the court entered an order declaring that the fence was the true boundary line. The Waterses moved to alter, amend, or vacate that order. The court corrected a date in its order, but otherwise denied the motion. The Waterses appealed to the Alabama Supreme Court, which deflected the case to this court pursuant to §
"It is a well established rule that, with limited exceptions, an appeal will lie only from a final judgment which determines the issues before the court and ascertains and declares the rights of the parties involved." Taylor v. Taylor,
The trespass issue was pending in the trial court when the Waterses appealed. The trial court did not sever the issues (pursuant to Rule 21, Ala.R.Civ.P.) so as to create separate cases; it only bifurcated the issues for separate trials. The trial court did not make its ruling on the boundary line issue final under Rule 54(b). Therefore, this court lacks jurisdiction to hear this appeal. It is dismissed.
APPEAL DISMISSED.
ROBERTSON, P.J., and YATES, CRAWLEY, and THOMPSON, JJ., concur.
Reference
- Full Case Name
- Jackson Waters, Jr., and Norma Sue Waters v. Angela Moody and Bruce Moody.
- Cited By
- 3 cases
- Status
- Published