Woods Construction, Inc. v. Jordan, [Ms. SC-2024-0253, Nov. 22, 2024] __ So. 3d __ (Ala. 2024). The Court (Cook, J.; Parker, C.J., and Shaw, Wise, Bryan, Mendheim, Stewart, and Mitchell, JJ., concur; Sellers, J., concurs in the result) concludes that the Dallas Circuit Court exceeded its discretion in certifying as final its summary judgment dismissing Jerry & John Woods Construction, Inc.’s breach of contract claims against John and Carol Jordan involving construction of a residence and metal building on the Jordans’ property. The Circuit Court found that, “Woods Construction, as a residential home builder without the proper license, was barred from bringing a civil action against the Jordans to enforce the construction contract between them.” Ms. *2. The Jordans’ counterclaims asserting that Woods Construction failed to build the structures in a workman-like manner remained pending in the circuit court.
The Court determines ex mero motu that the Rule 54(b) certification was improper. The Court explains “[i]f Woods Construction is found to have breached the contract by improperly constructing the Jordans’ house and metal building, then Woods Construction would necessarily lose on the merits of its own claims, arising from its allegation that the Jordans failed to pay for the potentially faulty construction…. Because the review of the issues decided by the circuit court on summary judgment would require this Court to resolve claims that are potentially moot, we conclude that the circuit court exceeded its discretion in finding that there was no just reason for delay and in certifying its judgment as final pursuant to Rule 54(b).” Ms. **13-14.