Cenci v. Ellison Co.

The defendant The Ellison Company’s appeal to the Court of Appeals was dismissed on motion of its co-defendant Schermerhorn. We granted review.

The parties to this appeal, The Ellison Company (hereinafter "Ellison”) and Schermerhorn, were co-defendants in an action which resulted in a directed verdict for defendants. A remaining issue, however, was Ellison’s cross-claim against Schermerhorn for attorney fees incurred in defending the action. Schermerhom’s motion for summary judgment on the cross-claim was allowed. Ellison’s appeal to the Court of Appeals was dismissed for the reason that the…