Acorn v. JONES KNITTING CORPORATION

MORRIS, Judge.

On appeal defendant states that at oral argument plaintiffs presented an affidavit representing that all partners of A. M. Pullen and Company have been named as plaintiffs in this action and that defendant is unable to refute this affidavit. Therefore, defendant states that it “withdraws its motion to dismiss for failure to join necessary and indispensable parties.”

Plaintiffs have filed a written motion in this Court that the appeal be dismissed for that the order entered by Judge Bailey denying defendant’s motion to dismiss and motion to stay is an interlocutory order from…