Sakser v. Fitze

GUITTARD, Chief Justice.

Appellee, defendant in the trial court, has moved to dismiss this appeal on the ground that the judgment is not final. Originally, we overruled the motion to dismiss, but, on consideration of further written arguments filed by both parties, we now dismiss the appeal.

Appellant, as plaintiff in the trial court, filed a petition alleging five separate claims, which he refers to as “causes of action.” Appellee moved for summary judgment with respect to only one of the five claims and filed special exceptions with respect to another. The trial court granted the motion for…