APPEAL OF NONFINAL JUDGMENT DENIED
SouthernCare, Inc. v. Margaret Cowart:
On July 31, 2009, the Alabama Court of Civil Appeals released this opinion in which it denied an appeal because it was an appeal of a non-final judgment. Specifically, the employer appealed an interim judgment determining compensability and ordering the employer to pay for medical treatment. Interestingly, Justice Thomas and Justice Moore disagreed with the majority opinion. Justice Thomas pointed out (with Justice Moore concurring) that Alabama Code § 25-5-81(e) provides that an aggrieved party may appeal from "an order or judgment." Since the word "final" was omitted from the Code Section, it thus provides special appeal rights in the context of a workers’ compensation matter. This case will no doubt continue to the Alabama Supreme Court for further review.