Lwt, Inc., Plaintiff-Counter-Defendant-Appellee v. Yildiz G. Childers, and Childers Manufacturing Company, Inc., Defendant-Counter-Claimant-Appellant

PAUL KELLY, Jr., Circuit Judge.

Defendant-appellant Childers Manufacturing Co. (Childers) appeals from several district court orders entered during the course of litigation below. We have jurisdiction under 28 U.S.C. § 1291 and we reverse and remand.

Briefly, plaintiff-appellee LWT brought suit for, among other things, breach of express warranties and breach of the implied warranties of merchantability and fitness for a particular purpose in connection with the purchase of a hot oil heater from Childers. With respect to breach of warranty, Childers asserted that the limited warranty in its…