HARRIS, ET AL v. CITY OF BIRMINGHAM, 621 So.2d 1320 (Ala. 1993)

621 So.2d 1320

HARRIS, EVANS, BERG, MORRIS ROGERS, P.C. v. CITY OF BIRMINGHAM and Birmingham-Jefferson County Transit Authority.

1911957.Supreme Court of Alabama.
June 11, 1993.

Appeal from Jefferson Circuit Court, No. CV-91-8215, Marvin Cherner, Judge.

Lyman H. Harris and Matthew J. Dougherty of Harris, Evans, Berg, Morris Rogers, P.C., Birmingham, for appellant.

Demetrius C. Newton and Michael Melton, Birmingham, for appellees.

PER CURIAM.

The plaintiff, Harris, Evans, Berg, Morris Rogers, P.C., appealed from an order dismissing its complaint as to the City of Birmingham. When it filed its notice of appeal, another defendant, Birmingham-Jefferson County Transit Authority, had a motion to dismiss pending before the trial court. It is clear from the record that the notice of appeal was from a nonfinal order. See Rule 54(b), Ala.R.Civ.P.

The appeal is dismissed.

DISMISSED.

HORNSBY, C.J., and MADDOX, SHORES, HOUSTON and KENNEDY, JJ., concur.