Bacon v. Penney

NICHOLS, Justice.

This appeal presents a novel issue as to the appealability of that which the trial court denominated a “partial summary judgment.”

In an action commenced in May, 1978, in Superior Court (Kennebec County) the Plaintiffs, Otis Z. Bacon and Catherine G. Bacon, sought damages from the alleged converter of certain timber of theirs in the Town of Sidney and from several alleged purchasers of that timber.

On this appeal the Plaintiffs challenge an order granting a “partial summary judgment” in favor of one Defendant-purchaser, Hammond Lumber Company.

We dismiss the appeal for lack of…