EUSTACE v. WILBOURN (2019)

Court of Civil Appeals of Alabama.

Ralph EUSTACE et al. v. James Ray WILBOURN et al.

2161079

Decided: May 10, 2019

Appeal from Jackson Circuit Court (CV-04-150); William B. Ogletree, Judge Darryl R. Eustace, Scottsboro, for appellants. William W. Tally of Tally & Tally, Scottsboro, for appellees.

After Remand from the Alabama Supreme Court

On July 13, 2018, this court affirmed, without an opinion, a judgment of the Jackson Circuit Court. Eustace v. Wilbourn, 285 So. 3d 787 (Ala. Civ. App. 2018) (table). On April 5, 2019, our supreme court reversed the judgment of this court and remanded the cause, concluding that this court had “lacked jurisdiction over this case[ ] because the judgment from which [the appeal had been taken] was not a final judgment.” Ex parte Eustace, 291 So. 3d 33, 36 (Ala. 2019). On remand to this court and in compliance with the instructions set forth in Ex parte Eustace, we “dismiss the appeal as being from a nonfinal judgment.”¹ Id.

APPEAL DISMISSED.

FOOTNOTES

1. After this court's certificate of judgment is issued, see generally Rule 41, Ala. R. App. P., and Ex parte Tiongson, 765 So. 2d 643 (Ala. 2000), the Jackson Circuit Court will reacquire jurisdiction to enter a final judgment in this case, which was originally commenced in 2004.

PER CURIAM.

All the judges concur.

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