Stiff v. Jones
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The Supreme Judicial Court dismissed as interlocutory this appeal from a partial summary judgment entered by the superior court in favor of Defendants on Plaintiffs' complaint, holding that the court improvidently granted Defendants' motion to certify the partial summary judgment as a final judgment pursuant to Me. R. Civ. P. 54(b)(1).
In their complaint, Plaintiffs alleged that Defendants violated common restrictions in the parties' deeds. The superior court granted Defendants' motion for partial summary judgment on count one of Plaintiffs' complaint, but Plaintiffs' remaining claim and Defendants' counterclaims remained pending. Plaintiffs appealed. The Supreme Judicial Court dismissed the appeal, holding that the court's certification of a partial final judgment was based on the flawed premise that the partial summary judgment entered in favor of Defendants could produce a full and final resolution of count one of Plaintiffs' complaint.
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