Club Broadway, Inc. v. Broadway Park

VANDE WALLE, Justice.

Mark Kiefer and Club Broadway, Inc., appealed from a summary judgment dismissing from this lawsuit Calvin Fercho and Scott Fridlund, two of ten defendants in the action. Because we conclude that the trial court improvidently granted the Rule 54(b), N.D.R.Civ.P., order certifying this judgment as final, we dismiss the appeal.

Mark Kiefer and Club Broadway, Inc., brought this action against Broadway Park, a limited partnership; Broadway Park Corporation, the general partner; Broadway Sports, Inc.; Calvin Fercho; Scott Fridlund; Charles Knapp; David Kane; John Redlinger; Jay…