Durham v. Creech

HEDRICK, Judge.

Although the parties have not raised the question, we must consider whether the trial judge’s order dismissing plaintiffs’ claim against the defendants Smith is presently appealable. Rule 54 (b) of the Rules of Civil Procedure provides:

“Judgment upon multiple claims or involving multiple parties. — When more than one claim for relief is presented in an action, whether as a claim, counterclaim, crossclaim, or third-party claim, or when multiple parties are involved, the court may enter a final judgment as to one or more but fewer than all of the claims or parties only if there…