Appeal Dismissed for Lack of Jurisdiction

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Sikes v. Kirkland, as Personal Representative of the Estate of Kenneth McIlwain, [Ms. SC-2024-0049, Oct. 11, 2024] __ So. 3d __ (Ala. 2024). The Court (Mitchell, J.; Parker, C.J., and Shaw, Bryan, and Mendheim, JJ., concur) dismisses Dwight D. Sikes’s appeal for lack of jurisdiction, as the trial court had not entered a final judgment.

The dispute involved a land disagreement in which McIlwain sued Sikes for trespass and nuisance caused by his livestock. Sikes counterclaimed, alleging McIlwain had improperly removed personal property from the land, and filed a crossclaim contesting the validity of the deed from his father to his brother. Sikes argued that his father lacked the mental capacity to execute the deed. The trial court ruled against Sikes on the crossclaim but failed to adjudicate the counterclaim or the trespass and nuisance claims.

The Court emphasizes that it must determine whether it has jurisdiction before considering the merits of any appeal. Ms. *5, citing Richey v. Morris, 389 So. 3d 347, 348 (Ala. 2023). For the Court to exercise jurisdiction, the appeal must arise from a final judgment or be certified as a final under Ala. R. Civ. P. Rule 54(b). A final judgment conclusively resolves all issues and leaves nothing further for adjudication. Ms. **5-6, quoting Ex parte Wharfhouse Rest. & Oyster Bar, Inc., 796 So. 2d 316, 320 (Ala. 2001).

As appellate jurisdiction requires a final judgment that fully resolves all issues, and the trial court failed to enter a final judgment or certify the judgment under Ala. R. Civ. P., Rule 54(b), the Court rules the appeal is premature and dismisses it for lack of jurisdiction.

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