Barefoot, etc. v. Cole, et al., [Ms. SC-2022-0880, Aug. 18, 2023] __ So. 3d __ (Ala. 2023). The Court (Stewart, J.; Parker, C.J., and Wise, Sellers, and Cook, JJ., concur) dismisses as from a nonfinal judgment an appeal filed by the personal representative of the estate of Danny Bryant Barefoot from the Houston Probate Court’s (“the probate court”) order determining that the estate of Donna Barefoot is entitled to an omitted spouse’s share of Danny’s estate under § 43-8-90, Ala. Code 1975.
Section 12-22-21(4) Ala. Code 1975 allows an appeal to the Supreme Court “‘[b]y a legatee or person entitled to distribution, on the decision of the [probate] court, in proceedings instituted to compel the payment of a legacy or distributive share....’” Ms. *6. “Although the probate court concluded that Donna’s estate was entitled to an omitted spouse’s share of Danny’s estate, it has not determined the monetary amount of that share. Accordingly, as in Saylor [v. Saylor, 169 So. 3d 998 (Ala. 2014) (plurality opinion)], that claim has not been adjudicated, and, thus, the probate court’s order did not constitute a ‘decision’ in a proceeding ‘instituted to compel the payment of a legacy or distributive share’ that would be appealable under § 12-22-21(4).” Ms. *8.