Maples v. Klimist

FANNING, Justice.

Plaintiff-appellee sued defendant-appellant for breach of a written order for store fixtures and sought a judgment for monetary damages.

Plaintiff-appellee filed a motion for summary judgment as to liability but not as to damages. This motion was contested by defendant-appellant. The trial court granted plaintiff's motion for summary judgment as to liability and ordered the cause to proceed to trial upon the issue as to damages, from which summary judgment defendant-appellant has appealed.

Appellee has filed a motion to dismiss the appeal on the ground that the order entered by…