Armstrong Contracting & Supply Corp. v. Aerospace Industries, Inc.

Appellant, a sub-subcontractor on a construction project, brought this action for a *243money judgment against his subcontractor, and the surety on the subcontractor’s performance bond. The surety filed a motion to dismiss the amended complaint for its failure to state a cause of action. The court endorsed upon the face of the motion to dismiss the words, “Motion Granted” signing and dating the same. This is the order from which plaintiff-appellant brings the appeal.

We are unable to consider the merits of the question presented. The “order” from which the appeal has been taken is one which at…