DISCUSSION ¶ 6. As a general rule, only a final judgment is subject to appeal. Jackson v. Lowe, 65 So.3d 879, 881 (¶ 6) (Miss.Ct.App.2011) (citing M.W.F. v. D.D.F., 926 So.2d 897, 899 (¶ 4) (Miss.2006)). A final judgment is defined as “a judgment adjudicating the merits of the controversy which settles all issues as to all the parties.”

¶ 6. "Because this issue is jurisdictional, we must address it on our initiative even though none of the parties have raised it on appeal." Jackson v. Lowe , 65 So.3d 879, 881 (¶ 5) (Miss. Ct. App. 2011) (citing M.W.F. v. D.D.F. , 926 So.2d 897, 899 (¶ 4) (Miss. 2006) ). "Generally, only final judgments are appealable."

¶ 7. “Without the entry of a Rule 54(b) certificate, a [circuit] court order which disposes of less than all of the claims against all of the parties in a multiple[-]party or multiple[-]claim action, is interlocutory.” Jackson v. Lowe, 65 So.3d 879, 881 (¶ 7) (Miss.Ct.App.2011) (quoting M.W.F. v. D.D.F., 926 So.2d 897, 900 (¶ 4) (Miss.2006)). An interlocutory order is not appealable unless the Mississippi Supreme Court grants permission to appeal under Rule 5 of the Mississippi Rules of Appellate Procedure; otherwise, this Court has no jurisdiction to hear the case.

See Clausell v. Bourque, 122 So.3d 825, 827 (¶7) (Miss. Ct. App. 2013) (citing Jackson v. Lowe, 65 So.3d 879, 881-82 (¶7) (Miss. Ct. App. 2011)); Brown, 188 So.3d at 1177-78 (¶23). The supreme court did enter an order denying a motion to dismiss filed by Adams County alleging a violation of Mississippi Rule of Appellate Procedure 5.

Thus, the court's order did not adjudicate all the issues and requires further action by the trial court.SeeJackson v. Lowe , 65 So.3d 879, 882 (¶ 8) (Miss. Ct. App. 2011) (This Court could not assume a "final order's silence" on a party's claim for damages constituted a final adjudication; therefore, the court's "final judgment" was an interlocutory order.). Since the court's order was not a final judgment for purposes of appeal, we dismiss for lack of jurisdiction. Watkins's counsel suggested that if the order is interlocutory, he would consent to an interlocutory appeal.

Without a Rule 54(b) certification, an interlocutory order "is only appealable if the Mississippi Supreme Court grants permission under Rule 5 of the Mississippi Rules of Appellate Procedure ; this Court has no jurisdiction to hear it otherwise." Hoffman v. Hoffman , 200 So.3d 465, 468 (¶ 12) (Miss. Ct. App. 2016) (quoting Jackson v. Lowe , 65 So.3d 879, 881–82 (¶ 7) (Miss. Ct. App. 2011) ). ¶ 9.

¶ 12. “An interlocutory order without a Rule 54 certification is only appealable if the Mississippi Supreme Court grants permission under Rule 5 of the Mississippi Rules of Appellate Procedure ; this Court has no jurisdiction to hear it otherwise.” Jackson v. Lowe , 65 So.3d 879, 881–82 (¶ 7) (Miss.Ct.App.2011). Brooke neither sought nor was granted permission to proceed with an interlocutory appeal under Rule 5.