ADAMS-CATES COMPANY v. Marler

Webb, Judge.

This is an appeal from an order denying partial summary judgment to plaintiffs-appellants with respect to a portion of the relief sought by defendants in their "Third Defense and Counterclaim.” The trial court ruled: "After considering the matter the court concludes that there are genuine issues as to material facts on the matters involved in this motion and accordingly, the plaintiffs’ motion for partial summary judgment is overruled and denied. There is no enumerated error upon the court’s conclusion that genuine issues as to material facts remain for determination.

"We cannot…