Morse v. Hendry Corp.

The appellants, who were plaintiffs below, appeal from an order dismissing with prejudice counts one and two of their three-count complaint in an action at law. The lower court refused to dismiss count three, which was based on negligence, and ordered the defendant to answer. Counts one and two were based on the theory of third party beneficiary and strict liability.

The defendant has filed its motion to •dismiss the appeal on the ground that it is ■an interlocutory order at law not relating to venue or jurisdiction over the person ■and, therefore, nonappealable.

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