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BERRY v. HUFFMAN

No. 39S01-9411-CV-1144.

643 N.E.2d 327 (1994)

Albert Lee BERRY, Appellant (Plaintiff below), v. Nathaniel P. HUFFMAN, Appellee (Defendant below).

Supreme Court of Indiana.

November 30, 1994.

Attorney(s) appearing for the Case

Darrell M. Auxier, Jenner & Auxier, Madison, Jon W. Ackerson, Triplett, Jennings & Ackerson, Louisville, KY, for appellant.

Patrick W. Harrison, Beck & Harrison, Columbus, for appellee.

SHEPARD, Chief Justice.

There was a time when an order or judgment as to less than all of the issues, claims, or parties in an action became final and appealable as of right because it disposed of "a distinct and definite branch" of the litigation. We hold that Indiana Trial Rules 54(B) and 56(C) superseded the distinct and definite branch doctrine of finality and that such appeals may now proceed only by leave of court...

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