Rule 54(b) certification improper, so appeal is dismissed
The Court of Civil Appeals found that a Rule 54(b) certification was improper and thus dismissed the appeal in Owen v. Hopper, Ms. 2070016 (Ala. Civ. App, May 23, 2008) . In a property line dispute, the Court of Civil Appeals found that the judgment on the counterclaim which was certified as final was really a defense to the underlying tort claim. The court found that the claim and counterclaim were too intertwined to support a 54(b) certification, and, therefore, the appeal had to be dismissed.
