Southern Mill Service, Inc. v. Town of Baldwin

Smith, Judge.

Appellant brought an action in tort and in contract against appellee Town of Baldwin and John J. Harte Associates, Inc., alleging that the conduct of the defendants prevented it from performing the sewer construction contract it had entered into with appellee. Appellee moved for "partial summary judgment” on the tort claim, arguing that it was immune from suit in tort. The trial court granted the motion. Appellant asserts that the trial court erred in entering "partial summary judgment” in favor of appellee. We dismiss the appeal for lack of a final judgment.

Although the contract…