Opinion
Sept. 26, 1972.
Editorial Note:
This case has been marked 'not for publication' by the court.
Beck, Fanganello & Croak, Thomas E. Croak, Dillon, for plaintiffs-appellants.
Cosgriff, Dunn & French, Peter Cosgriff, Leadville, Calkins, Kramer, Grimshaw & Harring, Jeffrey L. Smith, Denver, for all defendants-appellees except Lee Woolsey.
COYTE, Judge.
Plaintiffs' amended complaint for injunction contained four claims for relief, each requesting identical relief. Defendants filed a motion to dismiss as to each claim for relief and a motion for summary judgment as to each claim for relief.
The trial court held that there was no genuine issue of fact with respect to the first three claims for relief and that defendants were entitled to entry of summary judgment in their favor and against plaintiffs on the first three claims for relief.
The court further granted defendants' motion to dismiss the fourth claim for relief and then gave plaintiffs 20 days in which to replead said fourth claim if they so desired. The record shows up final disposition of the fourth claim. We were advised by counsel at the time of oral argument that it was at issue and set for trial.
Plaintiffs filed notice of appeal to the order of the court granting defendants summary judgment as to the first, second, and third claims for relief contained in the amended complaint for injunction.
C.R.Civ.P. 54(b) provides as follows:
'Judgment Upon Multiple Claims or Involving Multiple Parties. When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim or third party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment. In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims, or parties and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties.'
Without an express determination by the trial court that there is no just reason for delay and without an express direction for the entry of judgment, the disposition of the first three claims for relief did not dispose of these claims in such a manner as would permit them to be appealed. There was no such express determination or direction in this case. The judgment from which plaintiffs are attempting to appeal is not a final judgment, and the appeal is premature. See Trans Central Airlines, Inc., v. Peter J. McBreen & Associates, Inc., Colo.App., 497 P.2d 1033.
Appeal dismissed.
SILVERSTEIN, C.J., and ENOCH, J., concor.