Moss v. Lane

This appeal must be dismissed as premature for lack of final judgment.

Plaintiffs Gerald Moss and Nora Moss, husband and wife, brought this action against defendant Eric Lane. The petition alleged that defendant converted to his own use 30 head of calves owned by plaintiffs. Defendant’s answer denied those allegations.

Defendant filed a seven-count counterclaim. Plaintiffs filed a motion to dismiss each count. The trial court overruled plaintiffs’ motion with regard to Counts I, II, and III, and dismissed Counts IV, V, VI, and VII without prejudice. The court ordered a separate trial on Counts…