Opinion
Dec. 21, 1971
Editorial Note:
This case has been marked 'not for publication' by the court.
Anthony V. Zarlengo, Denver, for plaintiff-appellant.
L. Joseph Pittroff, Earl S. Wylder, Denver, for defendants-appellees.
PIERCE, Judge.
Appellant, plaintiff below, brought an action in district court, alleging three separate claims for relief. The first and second claims against all defendants alleged fraud and breach of contract, respectively. The third cause of action was against defendant, Fred Edelen, on a contract of guarantee.
On September 2, 1970, the trial court granted defendants' motion to dismiss plaintiff's first two claims for relief. Appellant here seeks reversal of this order. No judgment was entered by the trial court with respect to any claim.
C.R.C.P. 54(b) specifically provides that where multiple claims are involved and less than all of them are decided, in order to effect a final judgment or final disposition reviewable by an appellate court of the matters decided, the trial court must expressly (1) determine that there is no just reason for delay, and (2) direct the entry of judgment with respect to those claims which are decided. Blackburn v. Skinner, 156 Colo. 41, 396 P.2d 968; Fidelity and Deposit Co. v. May, 142 Colo. 195, 350 P.2d 343; Broadway Roofing & Supply, Inc. v. District Court, 140 Colo. 154, 342 P.2d 1022. The record herein reveals that neither of these prerequisites to a final judgment has been met.
In the absence of a final judgment in the trial court, this appeal must be dismissed. C.A.R. 1(a)(1); Blackburn v. Skinner, Supra.
Appeal dismissed.
COYTE and DWYER, JJ., concur.