Gary Rolison v. Edith Carolyn Fryar

MAXWELL, JUSTICE,

CONCURRING IN PART AND IN RESULT:

¶ 58. I agree that the trial court’s final judgment should be affirmed. The Rolisons forfeited the right to a jury through their conduct.' And the Fryars’ award for damages and attorney fees was supported by the evidence.

¶ 59. But I question the Rule 54(b) certification and the majority’s reliance on the finality of that judgment. To me, the December 2011 judgment declaring the settlement agreement enforceable does not appear to have been a final, appealable judgment—despite its Rule 54(b) designation. See M.R.C.P. 54(b). As this Court…