Dalton v. McLaughlin

OPINION

BIRDSALL, Judge.

Appellant commenced this action in the trial court by complaint for specific performance with an alternative count for damages. An amended complaint also added a third count for special damages. The trial court granted appellee’s motion for summary judgment dismissing the complaint, as amended, leaving appellee’s counterclaims for rent and to quiet title pending for determination.

The original judgment did not contain Rule 54(b) determination and this court returned the case to the trial court. An appropriate amended judgment has now been entered and we now have…