P. J. Construction Co. v. Roller

Cureton, Judge:

Appellants Wilbert Roller, Jr., Betty V. Roller and Edgar C. Wiggins, Jr. were the defendants in separate, virtually identical mechanic’s lien foreclosure actions commenced by respondent P. J. Construction Co. These actions have been consolidated for trial and for appeal. The trial judge denied the Rollers’ and Wiggins’ separate motions for summary judgment and granted P. J. Construction’s motions to strike the Rollers’ and Wiggins’ defenses of res judicata and waiver. We affirm and remand for trial.

An order striking a portion of a pleading is immediately appealable. See…