Grubbs v. Slater & Gilroy, Inc.

COMBS, Justice.

The appeal is from a judgment dismissing without prejudice appellant’s, Millard Dee Grubbs’, petition for failure to paragraph.

It is first insisted by appellee that since the judgment is without prejudice to the filing of another suit, it is not an ap-pealable order. But we think it is. C. I. T. Corporation v. Teague, 293 Ky. 521, 169 S.W.2d 593; Wood v. Downing’s Adm’r, 110 Ky. 656, 62 S.W. 487.

The record consists of the petition and four amended petitions, with a bewildering array of notices, motions, orders and exhibits. The petition charges a violation by the appellee of a…