Blythe v. Blythe
Blythe v. Blythe
Opinion
William Eugene Blythe ("the husband") appeals a judgment divorcing him from Bennie O'Barr Blythe ("the wife"). We dismiss the appeal.
On November 15, 2004, the wife sued the husband, seeking, among other things, a divorce, alimony, an equitable division of the parties' marital assets, and an attorney's fee. Answering, the husband denied the material allegations of the wife's complaint. Thereafter, the action proceeded to trial.
Following the trial, the trial court, on July 25, 2005, entered a judgment titled "Final Decree of Divorce," which divorced the parties. That judgment stated that the marital assets should be divided equally between the parties. However, instead of actually dividing the marital assets the trial court appointed a special master to submit a report listing the parties' marital assets and their values and set a hearing date regarding the division of those assets.
The husband then moved the trial court to alter, amend, or vacate its July 25, 2005, judgment or, in the alternative, to grant the husband a new trial. The trial court then entered a judgment on June 28, 2006, that, among other things, denied that motion. On July 26, 2006, the trial court entered an order that states: "The Judgment dated June 28, 2006[,] is hereby deemed to be a final judgment for the purposes of appeal."
Subsequently, the husband filed a pleading titled "Brief in Support of Defendant's Motion for New Trial or[,] in the alternative[,] to Alter, Amend, or Vacate the Final Decree of Divorce." In that pleading, the husband requested that the trial court vacate its divorce judgment on the same grounds the husband had asserted previously.
On August 4, 2006, the trial court set aside its July 26, 2006, order and entered a new order that was identical to the July 26, 2006, order. The husband then appealed to this court.
As a threshold matter, we must first determine whether the husband appeals from a final judgment because, ordinarily, we cannot exercise jurisdiction over an appeal from a nonfinal judgment. See Hubbard v. Hubbard,
"The only exception to this rule of finality is when the trial court directs the entry of a final judgment pursuant to Rule 54(b), Ala. R. Civ. P. Bean [v. Craig],
In Schneider National Carriers, Inc. v. Tinney,
In the case now before us, the trial court's order purporting to certify the judgment as final neither cited Rule 54(b) nor used the language of Rule 54(b). Thus, the purported 54(b) certification in the case now before us is analogous to the purported 54(b) certification in Hanner and, therefore, the June 28, 2006, order is not a validly certified final judgment.3 Because the husband appeals from a nonfinal judgment, we have no jurisdiction over his appeal and, therefore, must dismiss it. See Winecoff, supra.
APPEAL DISMISSED.
THOMPSON, P.J., and PITTMAN and MOORE, JJ., concur.
THOMAS, J., concurs in the result, without writing.
"When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment."
Reference
- Full Case Name
- William Eugene Blythe v. Bennie O'Barr Blythe.
- Cited By
- 8 cases
- Status
- Published