Car Center, Inc. v. HOME INDEM. CO., INC.

The defendant, Car Center, Inc., d/b/a Roebuck Chrysler-Plymouth ("Roebuck"), appeals from a summary judgment granted in favor of the plaintiff, Home Indemnity Company, Inc. ("Home"). We reverse and remand.

Consolidated with Roebuck's appeal is an appeal by Home from the denial of its motion to strike or dismiss Roebuck's counterclaim. Because Home's appeal is from a non-final order, it is due to be dismissed. Rule 54(b), A.R.Civ.P.;Elks Lodge Decatur Lodge No. 655 v. State ex rel. Slate,264 Ala. 223, 86 So.2d 396 (1956); Catlin v. United States,324 U.S. 229, 65 S.Ct. 631, 89 L.Ed. 911 (1945).…