Shurtz v. Jost

SATZ, Judge.

This case is before us for the second time on appeal. The first trial involved two consolidated lawsuits and, because of a counterclaim in one, several causes of action. We dismiss this appeal as premature.

In one cause, in the first trial, plaintiffs Walter Besch and Heide Besch, homeowners, sued defendant Robert Jost, a builder, for breach of a building contract, and Jost counterclaimed for the contract price. From the record presently before us, it appears that the Beschs’ allegations against Jost were made in three separate counts seeking special and general damages.1 In the…