Miller v. Warner Bros.

McMurray, Presiding Judge.

Margo Miller, individually, and as administratrix of the estate of Olin Miller, filed this wrongful death action against Time Warner Entertainment Company, L.P., Warner Home Video, Inc., Warner Brothers, Inc. (“the Warner defendants”) and others. The trial court dismissed the complaint as to the Warner defendants for failure to state a claim upon which relief could be granted. Miller filed this direct appeal. Held:

As claims remain pending against the Warner defendants’ co-defendants and because the trial court did not enter an express determination of finality under…