Opinion
July 22, 1975.
Editorial Note:
This case has been marked 'not for publication' by the court.
Madden & Strate, P.C., William J. Madden, Wheat Ridge, for plaintiffs-appellees.
Carl L. Harthun, Denver, for defendants-appellants.
VanCISE, Judge.
Appellants seek review of default judgments entered against then in a stockholder derivative action against Motels, Inc., and certain of its shareholders, directors, tenants, judgment creditors, and transferees. We dismiss the appeal.
The parties here raised issues as to which defendants were served with process or appeared in the action and as to whether appellants complied with C.R.C.P. 55(c) and 60(b) before appealing the default judgments. However, for the reasons stated below, we cannot pass on these issues.
When the default judgments were entered, claims set forth in the complaint against defendants Harthun and Moore remained unresolved. Also, the record certified to this court shows to disposition of motions to dismiss filed by appellants Ronald Lynn Cooper and Gary Ray Cooper.
The default judgments appealed from constitute an adjudication of fewer than all the claims, and of the rights of fewer than all the parties. In this situation, by C.R.C.P. 54(b), judgment against some of the parties becomes final 'only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment.' There is no such determination in this record. Therefore, there is no final appealable judgment. Smith v. City of Arvada, 163 Colo. 189, 429 P.2d 308; Blackburn v. Skinner, 156 Colo. 41, 396 P.2d 968.
This appeal is dismissed without prejudice, and the cause is remanded for further proceedings not inconsistent with this opinion.
PIERCE and STERNBERG, JJ., concur.