Appeal Dismissed for Lack of Jurisdiction: Order Appealled From Was Non-Final
In Ex parte Baptist Health System, Inc., No. 1041914, released April 6, 2007, the Alabama Supreme Court quashed a writ of certiorari seeking review of the Court of Civil Appeals' no-opinion affirmance of the trial court, holding that the order appealed from was not a final judgment.
In the workers' compensation action below, the trial court entered an "order of judgment" requiring Baptist Health to (1)begin paying benefits to the employee based on permanent total disability; (2)pay the employee a lump sum representing accrued temporary and total-permanent disability benefits; (3)indemnify the employee from any subrogation interest asserted against her; and (4)to pay all past, present, and future medical expenses related to the employee's treatment. The order did not state a certain sum which Baptist was required to pay. Baptist appealed, and the Court of Civil Appeals issued a no-opinion affirmance.
Although none of the parties or amici curiae questioned the existence of appellate jurisdiction, the Court did so without being prompted, noting the general rule that an appeal may only be taken from a final judgment and the specific principle that a judgment on a claim for damages which fails to fix the amount of damages is not considered final.
Turning to the case before it, the court pointed out that the trial court specified the amount of damages it was awarding to the employee for permanent total disability and for accrued temporary and permanent total disability. The trial court also clearly found that Baptist was liable for the employee's past medical expenses in that it ordered Baptist to pay for all of the employee's medical expenses incurred from the time of the accident until the time of the order. However, in failing to state a sum certain representing the amount of past medical expenses, the trial court stopped short of entering a final judgment. Accordingly, the Court of Civil Appeals was without jurisdiction to enter its no-opinion affirmance and the writ of certiorari was quashed.
