Davis v. American Pride Properties, LLC; Pickard v. American Pride Properties, LLC, [Ms. SC-2023-0419; SC-2024-0020, Aug. 30, 2024] __ So. 3d __ (Ala. 2024). The Court (Parker, C.J.; Shaw, Wise, Mendheim, Stewart, Mitchell, and Cook, JJ., concur; Bryan, J., concurs in the result; Sellers, J., dissents) dismisses an appeal filed by James Davis and William Pickard from the Jefferson Circuit Court’s judgment in an ejectment action awarding possession to American Pride Properties, LLC and reserving adjudication of damages for wrongful detention. The Court holds that the circuit court exceeded its discretion in certifying its judgment for immediate appeal pursuant to Rule 54(b) Ala. R. Civ. P.
The Court reiterates “ ‘that a claim for which damages are sought is insufficiently adjudicated for Rule 54(b) purposes until the element of damages is resolved.’ Dzwonkowski v. Sonitrol of Mobile, Inc., 892 So. 2d 354, 362 (Ala. 2004) …. [Rule 54(b)] does not contemplate a final judgment as to only part of one claim, such as a judgment as to liability alone, with the amount of damages still left to be determined.” Ms. * 8.