Holloway v. McMichael

Banke, Judge.

This is an appeal by the defendants from an order granting a motion for default judgment in favor of the plaintiffs in an action alleging breach of contract, fraud, and defamation. Since the action is ex delicto, the question of damages was reserved for trial by jury and is still pending. The plaintiffs have moved to dismiss the appeal on the grounds that the judgment is not final and the defendants have not followed the procedures for an interlocutory appeal. Held:

Submitted September 24, 1979 Decided October 17, 1979 David W. Waddell, for appellants. Joel D. Burns, for appellees.