IBM Credit Corp. v. Mark Facey & Co.

The defendant appeals following the trial court’s granting of the plaintiffs motion for summary judgment. On appeal, the defendant claims that the trial court improperly granted the plaintiffs motion for summary judgment because the court was presented with evidence of material facts that raise genuine issues. We conclude that no final judgment exists, and, therefore, dismiss the appeal.

The following facts and procedural history are necessary for the disposition of this appeal. In 1991, the plaintiff, IBM Credit Corporation, and the defendant, Mark Facey & Company, entered into alease…