Schieffer v. Patterson

In our previous opinion we held that the trial court erred in severing the damage issues from the liability issues, the cause of action asserted being an indivisible cause of action. In reversing our action in dismissing the appeal on the ground that no final judgment had been rendered, the Supreme Court quoted from its prior opinion to the effect that an erroneous order of severance could be set aside on appeal.

I would set aside the erroneous order of severance in this case and reverse and remand on that ground alone. If we decide the other questions raised then there would be nothing to…