Development companies brought civil action against town alleging wrongful refusal to issue building permits promised as part of development project.
Town asserted counterclaims alleging companies failed to pay for intersection improvements and moved to join two company representatives as counterclaim defendants for alleged misrepresentations.
The Circuit Court denied town’s joinder motion and certified order as final and appealable, and town appealed. The Court of Appeals reversed in part. Companies’ application for permission to appeal was granted.
The Supreme Court held that circuit court did not have authority to certify – and Court of Appeals did not have jurisdiction to decide – companies’ appeal.
Circuit court did not have authority to certify—and Court of Appeals did not have jurisdiction to decide—companies’ appeal of circuit court’s order denying town’s motion to join company officials as prospective counterclaim defendants in contract dispute; officials were never “parties” whose rights and liabilities were adjudicated by circuit court, and proposed counterclaim was not before circuit court and thus could not be adjudicated.