Martin v. Herr

Pope, Judge.

First Federal Savings and Loan Association filed suit against appellant Clarence L. Martin to recover the balance due on a note plus interest. Martin in turn filed this third-party action against Shirley E. Herr (now Hamilton), her husband Harry M. Hamilton and NCNB Mortgage South, Inc. Martin brings this appeal from the trial court’s order dismissing the third-party complaint as to Shirley E. Herr Hamilton and Harry M. Hamilton for failure to state a claim upon which relief can be granted.

“Since the order adjudicating less than all the claims does not provide for the entry of a…