Hope Kirby, a former employee of Jack's Family Restaurants, LP ("Jack's"), appealed the Lauderdale Circuit Court's dismissal of her tort-of-outrage claim against Jack's. Kirby initially filed a complaint seeking benefits under the Alabama Workers' Compensation Act and claimed damages for the tort of outrage and retaliatory discharge, naming multiple entities as defendants.
The trial court eventually dismissed Kirby's tort-of-outrage claim against Jack's, certifying the dismissal as final under Rule 54(b), Ala. R. Civ. P. Kirby then appealed this decision. The court, upon review, determined that the dismissal was not appropriately certified as final, as the order did not address all of Kirby's claims against all defendants. The court emphasized that piecemeal appellate reviews are not favored and that the issues in Kirby's tort-of-outrage claim are closely related to her remaining claims. Given these considerations, the court dismissed the appeal, reasoning it was taken from a nonfinal judgment.
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