Right of Way Not Final Where Route Would Be Set by Future Survey
A judgment granting a right-of-way was not final where the path would be determined after a court-ordered survey. Greenwood v. Lindsey Harbor, LLC, No. 2060041 (Ala. Civ. App. June 29, 2007). The appeal from that judgment was consequently dismissed.
The circuit court entered an order recognizing that the defendant’s right-of-way over a subdivision (owned by the plaintiff) was public, and enjoining the defendant from obstructing the route. Because the right- of-way “did not connect to the public road it was intended to join,” the trial court ordered a survey so that the right-of-way could be adjusted to meet the road. Before this survey was completed, the defendant appealed.
The Court of Civil Appeals ruled that the challenged order was not final. The appellate court cited Rule 54(c) of the Alabama Rules of Civil Procedure: “Except as to a party against whom a judgment is rendered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief . . . .” Surveying and adjusting the right-of-way was necessary “to afford complete relief by making certain that [the plaintiff] could access the right-of-way from the public road,” as the trial court had determined. By ordering a survey, and contemplating adjustment of the right-of-way, the trial court’s judgment “le[ft] something else to be done” and did not "entirely resolve the issues before” it. Moreover, adjusting the right-of-way “might well engender postjudgment litigation.” The judgment thus was “not final” and would “not support an appeal.” The appeal was dismissed.