Smith v. Premium Homes, Inc.

MARY R. RUSSELL, Presiding Judge.

Samantha Smith n/k/a Samantha Gray (“Saleswoman”) appeals from the grant of summary judgment in favor of Premium Homes, Inc. (“Developer”) in her action for breach of contract and quantum meruit. Because the trial court’s grant of summary judgment did not dispose of Developer’s counterclaims, we dismiss the appeal.

Pursuant to a sales representative agreement, Saleswoman agreed to market and sell real estate built by Developer in exchange for a commission payment on each property sold. After a dispute between the parties, Saleswoman filed a petition in St.…