Plantation South Condominium Association, Inc. v. Profile Management Corporation Inc.
Plantation South Condominium Association, Inc. v. Profile Management Corporation Inc.
Opinion
The opinion of September 22, 2000, is withdrawn, and the following is substituted therefor.
Profile Management Corporation, Inc. ("Profile Management"), sued Plantation South Condominium Association, Inc. ("Plantation South"), in the District Court of Madison County. In its complaint, Profile Management sought damages of $820 for services it claimed to have rendered under a contract between the parties. Plantation South answered the complaint; it also counterclaimed for damages in excess *Page 840 of the district court's jurisdiction. The district court transferred the action to the Madison County Circuit Court (the "trial court").
In the trial court, Plantation South amended its counterclaim. Profile Management amended its complaint to include counts alleging breach of contract, unjust enrichment, and fraud, and a count seeking damages under the Alabama Litigation Accountability Act, §
Profile Management then moved for a summary judgment as to all of Plantation South's claims against it. Plantation South filed a response in opposition to the summary-judgment motion. Both parties moved to strike various evidentiary submissions of the other party on the summary-judgment issues.
On March 30, 2000, the trial court entered a summary judgment for Profile Management as to all of Plantation South's counterclaims. In that order, the trial court determined that it no longer had jurisdiction over the action and purported to remand the action to the district court. Plantation South appealed from the summary judgment to the Supreme Court of Alabama, which transferred the appeal to this court, pursuant to §
The trial court did not rule on the counts contained in Profile Management's complaint and amended complaint; those claims are still pending. "`A final judgment is a terminal decision by a court of competent jurisdiction which demonstrates there has been a complete adjudication of all matters in controversy between the litigants within the cognizance of that court." Wilson v. Wilson,
This appeal was taken from an interlocutory order. This court does not have jurisdiction to consider appeals from interlocutory orders.Lunceford v. Monumental Life Ins. Co.,
After the release of this court's September 22, 2000, opinion dismissing its appeal, Plantation South filed a motion asking this court to vacate the dismissal and to allow Plantation South to supplement the record on appeal. We have elected to treat Plantation South's motion as an application for rehearing.
Plantation South seeks to supplement the record with an order of the trial court dated September 28, 2000. Plantation South argues that that order "clarifies" the trial court's March 30, 2000, summary-judgment order and indicates that the trial court's March 30 order was a final judgment. The trial court's order, entered six days after this court had released its original opinion, states: *Page 841
"This cause came before the court on [Plantation South's] Motion to Strike or Dismiss [Profile Management's] First Amended Complaint. Upon review and [Profile Management] having consented thereto, the court is of the opinion that the motion is due to be and is hereby GRANTED. [Profile Management's] claims as alleged in the Amended Complaint are hereby DISMISSED."
On September 28, 2000, the date on which the trial court entered that order, this court had not yet issued its certificate of judgment; therefore, the judgment of this court was not yet final and this court still had jurisdiction over this matter. See Rule 41, Ala.R.App.P. We conclude that the order of September 28, 2000, was void because the trial court lacked jurisdiction to enter that order. Ex parte Tiongson,
OPINION OF SEPTEMBER 22, 2000, WITHDRAWN; OPINION SUBSTITUTED; APPLICATION FOR REHEARING OVERRULED; APPEAL DISMISSED.
Yates, Monroe, and Crawley, JJ., concur.
Robertson, P.J., concurs in the result only.
Reference
- Full Case Name
- Plantation South Condominium Association, Inc. v. Profile Management Corporation, Inc.
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- Published