Metropolitan Baptist Church, Inc. v. Minkoff

Appellant noted this appeal from an order granting appellees’ motion for summary judgment on appellant’s amended complaint. In their answer to that complaint, appellees had made two counterclaims, which were not resolved by the motion' for summary judgment but were still pending before the trial court at the time the notice of appeal was filed. We were advised by counsel at oral argument that the counterclaims have been held in abeyance to await the outcome of this appeal.

The trial court did not make either “an express determination that there [was] no just reason for delay” or “an express…