Sparks v. City of Florence
Sparks v. City of Florence
Opinion
Connie Sparks, Keith Sparks, Sue Copeland, and Billy Ray Copeland appeal from a partial summary judgment entered in favor of Alfa Mutual Insurance Company, an intervenor in the case below. We dismiss the appeal as being from a nonfinal judgment.
At the time of the accident, Connie Sparks and Billy Ray Copeland had in effect insurance policies with Alfa Mutual Insurance Company that provided uninsured/underinsured-motorist coverage. *Page 510
Sparks and Copeland filed with Alfa claims for uninsured/underinsured-motorist benefits as a result of the accident. Alfa intervened in the Sparkses and Copelands' action against the City of Florence and Officer Blalock and answered the complaint, also asserting as a defense that any damages to which the plaintiffs may be entitled are limited by Ala. Code 1975, §
Alfa moved for a partial summary judgment, contending:
"Alfa has no liability to the plaintiffs for any judgment rendered in the instant case against the City of Florence in excess of $100,000 per person/$300,000 per occurrence; and . . . Alfa has no liability to the plaintiffs for any judgment rendered in the instant case against Officer Shane Blalock in excess of $100,000 per person/$300,000 per occurrence since the undisputed evidence shows that Officer Blalock was acting within the line and scope of his employment with the City of Florence at the time the accident made the basis of this suit occurred and the municipal damages cap found in Ala. Code §
11-93-2 2 applies, as a matter of law, to municipal employees acting in the line and scope of their municipal employment."
The City of Florence and Officer Blalock also moved for a partial summary judgment, arguing that they "have no liability to the plaintiffs for any judgment or combination of judgments rendered in the instant suit in excess of $100,000 per person injured and $300,000 combined total for all persons injured in the accident." In response to the summary-judgment motions, the Sparkses and the Copelands argued, among other things, that the cap on damages to be paid by municipalities is intended to protect the coffers of municipalities and other government entities but is not intended to protect carriers of uninsured/underinsured-motorist insurance such as Alfa.
The trial court entered an order on March 17, 2005, and then entered a corrected order on March 22, 2005, finding that the accident occurred while Officer Blalock was "acting within the line and scope of his duty as a Florence Police Officer" and that at the time of the accident Connie Sparks and Billy Ray Copeland had insurance policies with Alfa that provided underinsured-motorist benefits. The trial court further found that
"any damages under any judgment against the City of Florence, Alabama and defendant Shane Blalock arising out of the accident made the basis of this suit shall be limited to $100,000 for bodily injury for one plaintiff and recovery for damages under any judgment or judgments against the City of Florence and defendant Shane Blalock shall be limited to $300,000 in the aggregate for three or more plaintiffs."
In addition, the trial court found that
"[the] plaintiffs are only entitled to recover legally against Alfa Mutual Insurance *Page 511 Company to the extent that they can recover from tortfeasor City of Florence, Alabama and defendant Shane Blalock and thus Alfa Mutual Insurance Company has no liability to the plaintiffs for any judgment rendered in excess of $100,000 per individual and $300,000 in the aggregate as set forth above. See Ex parte Carlton,
867 So.2d 332 (Ala. 2003)." 3
The trial court, apparently intending to certify its order as a final judgment under Rule 54(b), Ala. R. Civ. P., stated: "There being no just cause for delay, this is a final appealable order." The Sparkses and the Copelands appeal.
After the parties filed their principal briefs and the circuit clerk filed the record with this Court, the clerk of this Court directed the Sparkses and the Copelands to show cause why their appeal should not be dismissed as being from a nonfinal order. The Sparkses and the Copelands contend that the trial court's March 22, 2005, order is a final appealable judgment because, they say, it "effectively dismisses Alfa Mutual Insurance Company as a party defendant as it, if upheld on appeal, completely absolves defendant Alfa Mutual Insurance Company from any potential liability under its [uninsured/underinsured-motorist] coverage as to plaintiffs." The Sparkses and the Copelands state that the March 22, 2005, order is "a complete and final judgment as to any and all claims involving defendant Alfa Mutual Insurance Company in this pending litigation."
Alfa also responded to the show-cause order, concurring with the Sparkses and the Copelands' contention that the trial court's order "effectively dismisses [Alfa] as a party defendant by completely absolving it from any potential liability under the uninsured/underinsured (`UM') coverage issued" to Sparks and Copeland and thus constitutes a final judgment.
The City of Florence contends that the trial court's order is a final judgment because, it says, the order "effectively dismisses any and all claims of over $100,000.00 per person/$300,000.00 in the aggregate . . . under the Alabama Municipal cap on damages claims, as well as any claim against ALFA for [uninsured/under-insured-motorist] benefits in excess of said cap."
An "uninsured motor vehicle" is defined by statute as one with respect to which "[t]he sum of the limits of liability under all bodily injury liability bonds and insurance policies available to an injured person after an accident is less than the damages which the injured person is legally entitled to recover." Ala. Code 1975, §
Because the order does not dispose of Alfa, or any other party or claim, it is not appealable under Rule 54(b), Ala. R. Civ. P., which provides:
"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."
Rule 54(b), Ala. R. Civ. P., confers appellate jurisdiction over an otherwise nonfmal order only where the trial court "has completely disposed of one of a number of claims, or one of multiple parties." Committee Comments on 1973 Adoption, Rule 54(b), Ala. R. Civ. P. It is "our time-honored rule that a final judgment is an essential precondition for appealing to this Court." John Crane-Houdaille, Inc. v. Lucas,
The fact that the trial court purported to certify its order as final is not determinative. The "`trial court cannot confer appellate jurisdiction upon this court through directing entry of judgment under Rule 54(b) if the judgment is not otherwise "final."'" Tanner v. Alabama Power Co., 617 So.2d.656, 656-57 (Ala. 1993), quoting Robinson v. ComputerServicenters, Inc.,
Therefore, the trial court's purported Rule 54(b) certification was not effective to make its order a final judgment, and that order was not appealable as of right.6
For the foregoing reasons, we dismiss the appeal.
APPEAL DISMISSED.
NABERS, C.J., and HARWOOD, STUART, and BOLIN, JJ., concur.
"No city or town shall be liable for damages for injury done to or wrong suffered by any person or corporation, unless such injury or wrong was done or suffered through the neglect, carelessness or unskillfulness of some agent, officer or employee of the municipality engaged in work therefor and while acting in the line of his or her duty .. . and whenever the city or town shall be made liable for damages by reason of the unauthorized or wrongful acts or negligence, carelessness or unskillfulness of any person or corporation, then such person or corporation shall be liable to an action on the same account by the party so injured. However, no recovery may be had under any judgment or combination of judgments, whether direct or by way of indemnity under Section
11-47-24 , or otherwise, arising out of a single occurrence, against a municipality, and/or any officer or officers, or employee or employees, or agents thereof, in excess of a total $100,000 per injured person up to a maximum of $300,000 per single occurrence, the limits set out in the provisions of Section11-93-2 notwithstanding."
"The recovery of damages under any judgment against a governmental entity shall be limited to $100,000.00 for bodily injury or death for one person in any single occurrence. Recovery of damages under any judgment or judgments against a governmental entity shall be limited to $300,000.00 in the aggregate where more than two persons have claims or judgments on account of bodily injury or death arising out of any single occurrence. Recovery of damages under any judgment against a governmental entity shall be limited to $100,000.00 for damage or loss of property arising out of any single occurrence. No governmental entity shall settle or compromise any claim for bodily injury, death or property damage in excess of the amounts hereinabove set forth."
"A petition to appeal from an interlocutory order must contain a certification by the trial judge that, in the judge's opinion, the interlocutory order involves a controlling question of law as to which there is substantial ground for difference of opinion, that an immediate appeal from the order would materially advance the ultimate termination of the litigation, and that the appeal would avoid protracted and expensive litigation. The trial judge must include in the certification a statement of the controlling question of law."
Whether to certify an order as appealable pursuant to Rule 5, Ala. R.App. P., is within the trial court's discretion. Exparte Showers,
Reference
- Full Case Name
- Connie Sparks v. City of Florence, a Municipal Corporation
- Cited By
- 5 cases
- Status
- Published