Harkins v. August

The Court raised sua sponte (Rule 835 a 2) the issue of whether or not the appellants had a right of appeal in the instant case from an order of the lower court sustaining demurrers to those counts in a declaration sounding in contract, without leave to amend, in an alleged medical malpractice action and which order also granted judgment on the contract counts in favor of two of the three defendants. The order expressly stated that the judgments were without prejudice to the plaintiffs to maintain their action against all defendants as to those counts in the declaration sounding in tort.

All…