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CAR CENTER, INC. v. HOME INDEM. CO., INC.

86-670, 86-765.

519 So.2d 1319 (1988)

CAR CENTER, INC., d/b/a Roebuck Chrysler-Plymouth v. HOME INDEMNITY COMPANY, INC. HOME INDEMNITY COMPANY, INC. v. CAR CENTER, INC., d/b/a Roebuck Chrysler-Plymouth.

Supreme Court of Alabama.

January 22, 1988.

Attorney(s) appearing for the Case

Anthony L. Cicio and John D. Gleissner, Birmingham, for appellant/cross-appellee.

George C. Douglas, Jr., of Najjar, Denaburg, Meyerson, Zarzaur, Max, Boyd & Schwartz, Birmingham, for appellee/cross-appellant.

BEATTY, Justice.

The defendant, Car Center, Inc., d/b/a Roebuck Chrysler-Plymouth ("Roebuck"), appeals from a summary judgment granted in favor of the plaintiff, Home Indemnity Company, Inc. ("Home"). We reverse and remand.

Consolidated with Roebuck's appeal is an appeal by Home from the denial of its motion to strike or dismiss Roebuck's counterclaim. Because Home's appeal is from a non-final order, it is due to be dismissed. Rule 54(b), A.R.Civ.P.; Elks...

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