Ralph Eustace et al. v. James Ray Wilbourn et al.
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REL: May 10, 2019 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. ALABAMA COURT OF CIVIL APPEALS OCTOBER TERM, 2018-2019 _________________________ 2161079 _________________________ Ralph Eustace et al. v. James Ray Wilbourn et al. Appeal from Jackson Circuit Court (CV-04-150) After Remand from the Alabama Supreme Court PER CURIAM. On July 13, 2018, this court affirmed, opinion, a judgment of the Jackson Circuit Court. without an Eustace v. Wilbourn (No. 2161079, July 13, 2018), ___ So. 3d ___ (Ala. 2161079 Civ. App. 2018) (table). On April 5, 2019, our supreme court reversed the judgment of this court and remanded the cause, concluding that this court had "lacked jurisdiction over this case[] because the judgment from which [the appeal had been taken] was not a final judgment." Ex parte Eustace, [Ms. 1171103, April 5, 2019] ___ So. 3d ___, ___ (Ala. 2019). On remand to this court and in compliance with the instructions set forth in Ex parte Eustace, we "dismiss the appeal as being from a nonfinal judgment." 1 Id. APPEAL DISMISSED. All the judges concur. 1 After this court's certificate of judgment is issued, see generally Rule 41, Ala. R. App. P., and Ex parte Tiongson, 765 So. 2d 643 (Ala. 2000), the Jackson Circuit Court will reacquire jurisdiction to enter a final judgment in this case, which was originally commenced in 2004. 2
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