Cox, Jr. v. Parrish

This case was an estate-administration case that was only partially before the Alabama Supreme Court. Perry Eugene Cox, Jr. ("Cox"), appealed a judgment made final by the Shelby Circuit Court ("the trial court") under Rule 54(b), Ala. R. Civ. P. Specifically, the trial court held that Cox's counterclaim against his sisters, Jennie Jo Cox Parrish, Debra Cox McCurdy, and Shirley Cox Wise, as coexecutors of the estate of their father, Perry Eugene Cox, Sr., was time-barred by Alabama's nonclaims statute, 43-2-350, Ala. Code 1975. The trial court dismissed Cox's counterclaim and certified its judgment as final and appealable, and Cox appealed. Because the trial court exceeded its discretion in certifying its dismissal of Cox's counterclaim under Rule 54(b), the Supreme Court determined no final judgment existed and the Court lacked jurisdiction to decide this appeal. Accordingly, the appeal was dismissed. View "Cox, Jr. v. Parrish" on Justia Law