Warmann v. Ebeling

CLEMENS, Senior Judge.

Plaintiffs Warmann and Mitchell sued defendants Ebeling, Meier and Mars. They alleged fraud in the sale of grain elevators. Defendants Meier and Mars moved for summary judgment and plaintiffs have appealed from the trial court’s order granting that motion.

Preliminarily we note that the judgment appealed from is silent as to defendant Ebeling. Here, defendants Meier and Mars squarely challenge the judgment’s appealability since it did not dispose of plaintiffs’ claim against defendant Ebeling. In neither plaintiffs’ brief nor their reply brief do they refer to the…