Fidelity and Deposit Company of Maryland v. May

Ruel F. May moves to dismiss the writ of error issued in this case on the ground that the matter sought to be reviewed in this proceeding is not a final judgment. The motion to dismiss is based upon Rule 54 (b), R.C.P. Colo., which outlines the procedure where multiple claims are presented to a trial court and determination is made of one or more but not all of the claims.

Fidelity and Deposit Company of Maryland brought suit on three claims. Ruel F. May was involved in all three claims, but another defendant below, Rose F. May, was a party to the first claim only. As a part of his defense,…