Wood v. G.S.A. Region 3 Employees F.C.U.

Appellant was sued by appellee for the alleged balance due on a promissory note which he had signed as comaker. He answered, denying the indebtedness, and filed a counterclaim for malicious prosecution. At pretrial the judge sua sponte dismissed the counterclaim for failure to state a cause of action upon which relief could be granted. This appeal is from the order dismissing the counterclaim.

Municipal Court Rule 54(b)1 provides that when more than one claim for relief is presented in an action, final judgment may be entered upon one or more but less than all the claims only upon an express…