American Employers Insurance v. J. H. Atkins & Associates, Inc.

TROWBRIDGE, C. PFEIFFER, Associate Judge.

The trial court consolidated two pending suits to foreclose mechanics liens. The contractor, who was a party defendant in the first case but not in the second, filed a counterclaim and an Answer in the second suit. The plaintiff in that case then filed its motion to dismiss the counterclaim and a motion to strike the reference to the contractor in the Answer (which was filed jointly with that of the named defendant). The court below granted both motions and this interlocutory appeal followed.

The contractor claims that the consolidation made all parties…