Allen v. G & J Enterprises

PREWITT, Judge.

Plaintiff’s amended petition was dismissed and he appeals. No order was made regarding a counterclaim filed by defendant Barge.

Respondents filed a motion to dismiss the appeal, contending that there was no judgment entered from which an appeal could be taken because the counterclaim remains pending and the court did not make “an express determination that there is no just reason for delay.” Rule 74.01(b). In his response to that motion plaintiff states that “[i]t is clear from the record that this partial judgment does not dispose of all the issues and all the parties.”

Except…