Hagemann-Mullen Excavating Co. v. Fenlon

REINHARD, Judge.

Plaintiff filed a three count petition against Joseph A. Fenlon, his wife and five other defendants. The Fenlons filed a motion to dismiss Count I and a motion to make Counts II and III more definite and certain. The remaining defendants filed answers to the petition. The trial court granted the Fenlons’ motion to dismiss as to Count I and denied their motion to make more definite and certain. Plaintiff has appealed the dismissal of Count I.

Defendants have filed a motion to dismiss the appeal because the notice of appeal was untimely filed. We agree the appeal should be…