Narrative Opinion Summary
The circuit court’s order is interpreted as granting summary judgment in favor of defendants Thompson and Berger. However, due to the ongoing compulsory counterclaim filed by these defendants, the order is not currently appealable. This is supported by precedent from Taussig v. Insurance Co. of North America. Consequently, the appeal is dismissed for lack of jurisdiction, but the appellant retains the right to seek review once a final and appealable order is issued. Judges Miner, Benton, and Browning concur.
Legal Issues Addressed
Jurisdiction and Dismissal of Appealsubscribe to see similar legal issues
Application: The appeal is dismissed for lack of jurisdiction as the order is not final and appealable.
Reasoning: Consequently, the appeal is dismissed for lack of jurisdiction, but the appellant retains the right to seek review once a final and appealable order is issued.
Summary Judgment and Appealabilitysubscribe to see similar legal issues
Application: The court's order granting summary judgment to the defendants is not appealable due to an ongoing compulsory counterclaim.
Reasoning: The circuit court’s order is interpreted as granting summary judgment in favor of defendants Thompson and Berger. However, due to the ongoing compulsory counterclaim filed by these defendants, the order is not currently appealable.