RICHARD G. CALDWELL vs. EARL J. COLLIER & others.

RICHARD G. CALDWELL vs. EARL J. COLLIER & others.

5 Mass. App. Ct. 903

December 22, 1977

As the express determination required by Mass.R.Civ.P. 54(b), 365 Mass. 821 (1974), does not appear on the record, the so called

Page 904

judgment entered in this action is "interlocutory in nature and not ripe for full review until all issues [as to all of the parties] are resolved at the trial level." New England Canteen Serv., Inc. v. Ashley, 372 Mass. 671 , 677 (1977). See 6 Moore's Federal Practice par. 54.34 [2.2], at 561 & n.10 (2d ed. 1976). Accordingly, the appeal from the granting of summary judgment for the defendant Wheaton Van Lines, Inc., is dismissed. Compare New England Canteen Serv., Inc. v. Ashley, supra at 677-678, and authorities cited.

So ordered.