Cochran v. Chapman
Decision Date | 31 December 2008 |
Docket Number | 2070541. |
Citation | 21 So.3d 1244 |
Parties | Linda Lee COCHRAN v. Joseph P. CHAPMAN. |
Court | Alabama Court of Civil Appeals |
W. Gregory Hughes, Mobile, for appellant.
Grady R. Edmondson, Mobile, for appellee.
Linda Lee Cochran appeals from a purported final judgment of the Mobile Circuit Court finding that she and Joseph P. Chapman are married by virtue of the common law. For the reasons set forth herein, we determine that the trial court's order did not constitute a final judgment, and, therefore, we dismiss the appeal for lack of appellate jurisdiction.
On June 8, 2007, Chapman filed a complaint for a divorce against Cochran. Among other things, he alleged in his complaint that he and Cochran had married on December 31, 1989, and had lived together until their separation on June 1, 2007. In her answer to the complaint, Cochran denied that she and Chapman were married.
The trial of the matter on November 14, 2007, focused on whether the parties had entered into a common-law marriage; it was apparently conceded that if they were married, it was solely by virtue of the common law. On November 20, 2007, the trial court issued a judgment determining that the parties had not entered into a common-law marriage.
On December 5, 2007, Chapman filed a motion to alter, amend, or vacate the trial court's judgment. He argued that sufficient evidence was offered at the trial to indicate that the parties were married by virtue of the common law and that the trial court's judgment was contrary to pleadings that Cochran had filed in a previous divorce action between the parties that had been dismissed. On February 11, 2008, the trial court granted Chapman's motion and vacated its November 20, 2007, judgment. In its order, the trial court found that the parties had, in fact, entered into a common-law marriage. The trial court set the case for a trial on July 23, 2008.
On February 28, 2008, Cochran filed a motion asking the trial court to certify the February 11, 2008, order as final pursuant to Rule 54(b), Ala. R. Civ. P. The trial court granted Cochran's motion. Thereafter, Cochran appealed the trial court's February 11, 2008, order.
In his brief on appeal, Chapman contends, among other things, that this court lacks jurisdiction over this appeal. We agree.
"An appeal ordinarily will lie only from a final judgment—i.e., one that conclusively determines the issues before the court and ascertains and declares the rights of the parties involved." Bean v. Craig, 557 So.2d 1249, 1253 (Ala.1990). Rule 54(b), Ala. R. Civ. P., provides an exception to this rule. It reads, in pertinent part:
"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."
Discussing the propriety of a Rule 54(b) certification of finality, this court recently wrote:
Martin v. Phillips, 7 So.3d 1012, 1018 (Ala.Civ.App.2008).
In the present case, Chapman's complaint sets forth a single claim for relief: a divorce from Cochran with the attendant division of marital property and debt. The question whether the parties are married does not constitute a discrete "claim" within the case; instead, it is a constituent part of Chapman's single claim for a divorce. Thus, the trial court's order setting aside its final judgment and determining that the parties had entered into a common-law marriage does not "fully adjudicate a whole claim," as was necessary to make the order subject to a certification of finality under Rule 54(b).
This court has previously noted that it disfavors the adjudication of divorce cases in piecemeal fashion. See Morrison v. Morrison, 1 So.3d 1052 (Ala.Civ.App.2008) ( ). Such an observation is particularly true, where, as here, the judgment from which the appellant appeals does not even determine whether the parties should be divorced in the first instance.1
Based on the foregoing, we conclude that it was inappropriate for the trial court to certify as final under Rule 54(b) its order holding that Chapman and Cochran were married by virtue of the common law. Thus, the order from which Cochran appeals is not a final judgment, and, as a result, this court lacks jurisdiction over her appeal. Her appeal is therefore due to be dismissed. See Trousdale v. Tubbs, 929 So.2d 1020, 1023 (Ala.Civ.App.2005).
APPEAL DISMISSED.
1. We note that in our...
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...So.3d at 792 (Moore, J., dissenting). "[T]he adjudication of divorce cases in piecemeal fashion" is disfavored, see Cochran v. Chapman, 21 So.3d 1244, 1246 (Ala.Civ.App.2008), and "[c]ertifications under Rule 54(b) should be entered only in exceptional cases and should not be entered routin......
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