Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

VERMEER MANUFACTURING COMPANY v. Jimmy VANDIVER, a/k/a VANDIVER EQUIPMENT COMPANY and FORD MOTOR COMPANY

APPEAL ERROR — JUDGMENT INVOLVING MULTIPLE PARTIES — FAILURE OF ORDER OF COURT TO COMPLY WITH ARCP RULE 54 (b) REQUIRES DISMISSAL WITHOUT PREJUDICE. — Where the order of the trial court dismissing one of several defendants does not recite that there is no just reason for delaying an appeal nor does it direct the entry of a final judgment in favor of said defendant, ARCP Rule 54(b) requires that the appeal be dismissed without prejudice to appeal when a final judgment is entered.

PER CURIAM.

This case involves multiple claims of relief and liability among multiple parties. The trial court dismissed one defendant, Ford Motor Company, on the basis of lack of venue. The other parties now seek to appeal that ruling. However, the order of the trial court does not recite that there is no just reason for delaying an appeal nor does it direct the entry of a final judgment in favor of Ford Motor Company. Therefore, ARCP Rule 54(b) requires that the present appeal be dismissed without prejudice to appeal when a final judgment is entered.

Use AI to get other relevant cases.

Comments

VERMEER MANUFACTURING CO. v. VANDIVER FORD
(May 9, 1983)