B.L. Jet Sales, Inc. v. Alton Packaging Corp.

REINHARD, Judge.

B.L. Jet Sales, Inc. appeals following its voluntary dismissal of counts I and IV of its amended petition and the trial court’s dismissal of counts II and III for failure to state a claim upon which relief can be granted. We reverse and remand as to counts II and III and dismiss the appeal as to counts I and IV.

B.L. alleges a breach of warranty by Alton Packaging Corporation in count I and a breach of warranty by The Garrett Corporation in count IV. Allegations in counts II and III are couched in terms of negligence by Garrett.

Initially, we note that B.L. voluntarily dismissed…