We remanded the cause to the trial court “to determine whether Diamond is entitled to recover interest, an attorney fee, and expenses under its prompt-pay claim.” Diamond Concrete & Slabs, LLC v. Andalusia–Opp Airport Auth., 103 So.3d 73, 83 (Ala.Civ.App.2011). Although Diamond asserted its breach-of-contract claim against Southern only, the trial court entered judgment on that claim against both Southern and the Airport Authority. See Diamond Concrete & Slabs, LLC v. Andalusia–Opp Airport Auth., 103 So.3d 73, 78 (Ala.Civ.App.2011).
J. Mark Murphy of Murphy, Murphy & McCalman, P.C., Andalusia, for respondent Southern Structure Corporation.Prior report: Ala.Civ.App., 103 So.3d 73. MAIN, Justice.WRIT QUASHED. NO OPINION. MALONE, C.J., and WOODALL and BOLIN, JJ., concur.
The contract is, therefore, not a contract with a state or local government of the State of Alabama and the exclusion from the Alabama Prompt Pay Act found in Alabama Code § 8-29-7(4) is not applicable.See generally Diamond Concrete & Slabs, LLC v. Andalusia-Opp Airport Auth., 103 So. 3d 73, 74 (Ala. Civ. App. 2011) cert. quashed, 103 So. 3d 83 (Ala. 2012) (finding that an airport authority and contractor had violated the Alabama Prompt Pay Act). It should be noted that there are prompt pay requirements imposed on public contracts under other sections of the Alabama Code.
In that context, the April 26, 2022, "permanency order" was, in substance, a final dispositional order. See Diamond Concrete & Slabs, LLC v. Andalusia-Opp Airport Auth., 103 So. 3d 73, 83 (Ala. Civ. App. 2011) ("[T]he character of a judgment is determined by its substance rather than its descriptive title."); Morgungenko v. Dwayne’s Body Shop, 23 So. 3d 671, 674 (Ala. Civ. App. 2009) (holding that substance, not label, determines nature of trial court’s action). We conclude, therefore, that the juvenile court retained jurisdiction to enter the April 26, 2022, judgment in accordance with § 12-15-311(c); accordingly, the mother has not appealed from a void judgment.
NO OPINION. See Rule 53(a)(1) and (a)(2)(E) and (F), Ala. R. App. P.; Rosser v. AAMCO Transmissions, Inc., 923 So. 2d 294, 301 (Ala. 2005); John Deere Const. Equip. Co. v. England, 883 So. 2d 173, 177-78 (Ala. 2003); Congress Life Ins. Co. v. Barstow, 799 So. 2d 931, 936 (Ala. 2001); Joseph Land & Co., Inc. v. Gresham, 603 So. 2d 923, 926 (Ala. 1992); Butler v. Aetna Fin. Co., 587 So. 2d 308, 311 (Ala. 1991); Hudson v. Hudson, 178 So. 3d 861, 865 (Ala. Civ. App. 2014); Diamond Concrete & Slabs, LLC v. Andalusia-Opp Airport Auth. and Southern Structures Corp., 103 So. 3d 73, 82-83 (Ala. Civ. App. 2011); and Holman v. Holman, 612 So. 2d 492, 493 (Ala. Civ. App. 1992). Thompson, P.J., and Pittman, Moore, and Donaldson, JJ., concur.