Ex Parte Vance
Ex Parte Vance
Opinion
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 396
Judge Robert Vance, Jr., petitions this Court for a writ of mandamus directing the Court of Civil Appeals to set aside its writ of mandamus ordering Judge Vance to make a judgment final pursuant to Rule 54(b), Ala. R. Civ. P. We grant the petition and issue the writ.
SRA petitioned the Court of Civil Appeals for a writ of mandamus compelling Judge Vance to rule on Dailey's workers' compensation claim. The Court of Civil Appeals granted the petition and issued the writ of mandamus, without an opinion. Exparte Dailey (No. 2020888, July 22, 2003),
SRA then moved the trial court to certify the order as final pursuant to Rule 54(b), Ala. R. Civ. P. Judge Vance denied the motion, and SRA petitioned the Court of Civil Appeals for a writ of mandamus compelling Judge Vance to certify the August 4, 2003, order as final, arguing that Judge Vance exceeded his discretion in failing to certify the order as final. The Court of Civil Appeals granted the petition for the writ of mandamus, without an opinion, on December 9, 2003, directing Judge Vance to certify his order of August 4, 2003, as final pursuant to Rule 54(b), Ala. R. Civ. P. Ex parte SRA Foods, Inc. (No. 2021200, December 9, 2003),
Judge Vance, citing Ex parte Showers,
Showers petitioned this Court for a writ of mandamus directing the trial judge to certify the summary judgment as final under Rule 54(b), Ala. R. Civ. P.3 Ex parte Showers, 812 So.2d at 278. This Court stated: "Showers cites no authority, and we are aware of none, that supports her position that she is entitled to a writ of mandamus compelling the trial court . . . to issue a Rule 54(b), Ala. R. Civ. P., certification of finality. . . ." 812 So.2d at 281. Further, this Court noted that an argument that fails to cite any legal authority in support of its claims as required by Rule 28(a)(5), Ala. R.App. P.,4 violates Rule 21, Ala. R.App. P.
SRA argues that Cleckler v. A C Air Conditioning Heating,Inc.,
It is undisputed that Judge Vance has issued a ruling on Dailey's workers' compensation claim.6 Thus, Judge Vance has complied with the Alabama Workers' Compensation Act. However, the Alabama Workers' Compensation Act does not require Judge Vance to make that ruling final pursuant to Rule 54(b), Ala. R. Civ. P., before resolving other issues raised in Dailey's complaint.7
The fact that a judge may render an order final before all issues in a case are resolved does not mean that he or she is required to do so. Ex parte National Ins. Underwriters,
PETITION GRANTED; WRIT ISSUED.
NABERS, C.J., and HOUSTON, LYONS, BROWN, JOHNSTONE, HARWOOD, WOODALL, and STUART, JJ., concur.
"This order is not a final judgment because it does not resolve all claims that have been raised. The plaintiff has also asserted a retaliatory-discharge claim with a trial on that claim scheduled to proceed on October 6, 2003. This order is instead an interlocutory, conditional determination regarding the factual issue of where the plaintiff's injury occurred. . . . In the event the plaintiff's discharge claim goes to the jury and a verdict in plaintiff's favor results therefrom, one must conclude that the jury regarded the plaintiff's injury as having occurred while he was working. Under such a scenario, the conclusion reached in this order would have to yield to the jury's contrary determination. That appears to be the only way to comply with the requirements of [Ex parte] Taylor [,
828 So.2d 883 (Ala. 2001),] and [Ex parte] Thorn [,788 So.2d 140 (Ala. 2000)]. Unless and until that scenario develops, however, this order excuses the defendant from all further obligations for medical treatment and compensation benefits."
"The controversy [regarding workers' compensation benefits] shall be heard and determined by the judge who would hear and determine a civil action between the same parties arising out of tort, and, in case there is more than one judge of the court, the controversies shall be set and assigned for hearing under the same rules and statutes that civil actions in tort are set and assigned. . . . The decision of the judge hearing the same shall be conclusive and binding between the parties, subject to the right of appeal provided for in this article."
"(b) Judgment Upon Multiple Claims or Involving Multiple Parties. 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. . . ."
(Emphasis added.)
Reference
- Full Case Name
- Ex Parte Judge Robert Vance, Jr. (In Re Ex Parte Sra Foods, Inc. (In Re Roderick Dailey v. Sra Foods, Inc.)).
- Cited By
- 29 cases
- Status
- Published