Szirbik v. Miles, Inc., R. K

Full title: William Szirbik and Virginia L. Szirbik v. R. K. Miles, Inc., I.V.O.W…

Court: Supreme Court of Vermont

Date published: Apr 3, 1979

400 A.2d 1001 (Vt. 1979)

137 Vt. 108

Opinion

No. 66-78

Opinion Filed April 3, 1979

Appeal and Error — Final Order — Necessity

Where judgment order, prepared by counsel, did not dispose of all the claims, rights and liabilities of all the parties, the judgment was not final and appeal must be dismissed for lack of jurisdiction. V.R.C.P. 54.

Appeal in consolidated cases. Bennington Superior Court, Martin, Chief Superior Judge, presiding. Dismissed.

John J. Welch, Jr., Rutland, for Szirbiks.

Evans, O'Neil Meachem, Ltd., Manchester Center, for R.K. Miles, Inc.

Present: Barney, C.J., Daley, Larrow, Billings and Hill, JJ.

Per Curiam.

The foregoing cases were consolidated in the trial court, which issued findings of fact and conclusions of law. The subsequent judgment order, prepared by counsel under V.R. C.P. 58, does not dispose of all of the claims, rights and liabilities of all of the parties. Absent the express determination required by V.R.C.P. 54(b), the judgment below is not final, and the purported appeal must be dismissed for lack of jurisdiction.

Appeal dismissed.