PER CURIAM.
Appellant was sued by appellee for the alleged balance due on a promissory note which he had signed as comaker. He answered, denying the indebtedness, and filed a counterclaim for malicious prosecution. At pretrial the judge sua sponte dismissed the counterclaim for failure to state a cause of action upon which relief could be granted. This appeal is from the order dismissing the counterclaim.
Municipal Court Rule 54(b)
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