Ex Parte Baptist Health System, Inc.
Ex Parte Baptist Health System, Inc.
Opinion
Baptist Health System, Inc., petitioned for a writ of certiorari seeking review of the Court of Civil Appeals' no-opinion affirmance of an order of the Montgomery Circuit Court in a workers' compensation case Ola Osborne brought against Baptist Health. Baptist Health Sys., Inc. v.Osborne (No. 2030565, June 30, 2005),
The trial court's order required Baptist Health (1) to begin paying benefits to Osborne based on permanent total disability; (2) to pay Osborne a lump sum representing accrued temporary and permanent total-disability benefits; (3) to indemnify Osborne from any subrogation interest asserted against her; and (4) to pay all past, present, and future medical expenses related to Osborne's treatment for her on-the-job injury, including reimbursing *Page 922 Osborne for any out-of-pocket medical expenses she actually incurred after February 11, 1999, the date Baptist Health refused to pay for additional medical treatment, until the date of the trial court's order.
The Court of Civil Appeals affirmed the order of the trial court, without an opinion. This Court granted Baptist Health's petition for a writ of certiorari.
"Although neither party has questioned [the Court of Civil Appeals'] appellate jurisdiction, we must consider whether [it had] jurisdiction over this appeal because `jurisdictional matters are of such magnitude that we take notice of them at any time and do so even ex mero motu.'" Williams Power, Inc.v. Johnson,
Hamilton v. Connally,"`An appeal will ordinarily lie only from a final judgment; that is, a judgment that conclusively determines the issues before the court and ascertains and declares the rights of the parties.' Palughi v. Dow,
659 So.2d 112 ,113 (Ala. 1995). For a judgment to be final, it must put an end to the proceedings and leave nothing for further adjudication. Ex parte Wharfhouse Rest. Oyster Bar, Inc.,796 So.2d 316 ,320 (Ala. 2001). `[W]ithout a final judgment, this Court is without jurisdiction to hear an appeal.' Cates v. Bush,293 Ala. 535 ,537 ,307 So.2d 6 ,8 (1975)."
This Court has noted:
Dzwonkowski v. Sonitrol of Mobile, Inc.,"[I]t must be remembered that `[d]amages are [an element] of a claim to vindicate a legal right.' Grantham v. Vanderzyl,
802 So.2d 1077 ,1080 (Ala. 2001)."`Where the amount of damages is an issue, . . . the recognized rule of law in Alabama is that no appeal will lie from a judgment which does not adjudicate that issue by ascertainment of the amount of those damages.' Moody v. State ex rel. Payne,
351 So.2d 547 ,551 (Ala. 1977). `That a judgment is not final when the amount of damages has not been fixed by it is unquestionable.' `Automatic' Sprinkler Corp. of America v. B.F. Goodrich Co.,351 So.2d 555 ,557 (Ala. 1977)."
In Williams Power, the Court of Civil Appeals held that an order in a workers' compensation case purporting to award damages for past medical expenses was not a final judgment, because the order did not specify the amount of those expenses.
"`It is well established that a final judgment is a "terminal decision which demonstrates there has been a complete adjudication of all matters in controversy between the litigants." Tidwell v. Tidwell,
496 So.2d 91 ,92 *Page 923 (Ala.Civ.App. 1986). Further, the judgment must be conclusive and certain with all matters decided, including the assessment of damages with specificity for a sum certain determinable without resorting to extraneous facts.'
"Dees v. State,
"In GAF Corp. v. Poston,
"`Although the trial court did not err in its findings regarding the company's liability for the medical treatments performed by Dr. Rodning, we are unable to determine if the trial court determined the correct amount of medical expenses from the record. We remand the cause for the trial court to determine the proper amount of medical expenses which are supported by the record.'
"Poston,
656 So.2d at 1228 ."Unlike Poston, in the present case the trial court did not make an award of a sum certain for past medical expenses. Therefore, its order was not a final judgment. A nonfinal judgment will not support an appeal. Bacadam Outdoor Adver., Inc. v. Kennard,
721 So.2d 226 (Ala.Civ.App. 1998). We therefore dismiss the appeal."
In this case, the trial court specified the amount of damages it was awarding to Osborne for permanent total disability and for accrued temporary and permanent total disability. By ordering Baptist Health to pay for all past medical expenses related to Osborne's treatment since her on-the-job injury including reimbursing Osborne for any out-of-pocket medical expenses she incurred after February 11, 1999, until the date of the trial court's order, the trial court determined that Baptist Health is liable for those past medical expenses. However, the trial court's order does not state a sum certain representing the amount of those past medical expenses.
Because the trial court in this case has not specified the amount of damages to be awarded to Osborne for past medical expenses, the trial court has not rendered a final judgment that will support an appeal. Dzwonkowski,
Because the judgment of the Court of Civil Appeals is void, Baptist Health still can pursue an appeal as a matter of right after the trial court's judgment has been made final. The writ of certiorari is "issued to promote the ends of justice, no other adequate remedy being available." Ex parteSellers,
WRIT QUASHED.
COBB, C.J., and SEE, LYONS, WOODALL, STUART, BOLIN, and PARKER, JJ., concur.
MURDOCK, J., recuses himself.
Reference
- Full Case Name
- Ex Parte Baptist Health System, Inc. (In Re Baptist Health System, Inc. v. Ola Osborne).
- Cited By
- 4 cases
- Status
- Published