Smith v. Sewerage & Water Board

h GORBATY, j.

Appellant, Floyd Smith, previously filed an appeal with this Court from a judgment dated December 2, 1998. On December 13, 1999, this Court ordered appellant to show cause on December 30 why his appeal should not be dismissed for failure to designate the partial summary judgment as a final judgment prior to filing the appeal. No timely response was filed to the Court’s order. On January 31, 2000, this Court dismissed the appeal.

The record of the instant appeal indicates that a Joint Motion to Designate Final Judgment was filed in the trial court on January 14, 2000. The trial…