Nelson-American Developers, Ltd. v. Enco Engineering Corp.

FAULKNER, Justice.

This is an appeal from an order of the Circuit Court of Baldwin County granting summary judgment against Nelson-American. We affirm.

The first appeal in this case was dismissed because it was not from a final judgment. Nelson-American Developers, Ltd. v. Eneo Engineering Corporation, 295 Ala. 185, 326 So.2d 103 (1976). This court held there that the dismissal did not preclude the trial court from vacating its prior order and entering one conforming with Rule 54(b). ' The trial court, on motion by Nelson-American joined in by Eneo, vacated and set aside its prior judgment. The…