A. E. Investment Corporation v. Link

In October 1971, the A. E. Investment Corporation, hereinafter plaintiff, commenced an action against Link Builders, Inc., and DeQuardo, Robinson, Crouch & Associates, Inc., alleging that they were negligent in the construction and the design of a commercial building in Brookfield, Wisconsin. DeQuardo, Robinson, Crouch & Associates, Inc., a firm of architects, demurred to the amended complaint on the ground that it did not state facts sufficient to constitute a cause of action against it. That demurrer was overruled on June 16, 1972. Thereafter, the defendant architect moved the court to vacate the June 16th order. On September 15, 1972, the circuit court entered an order denying the motion to vacate the earlier order overruling the demurrer. An appeal was brought from both of these orders by a notice of appeal filed in the circuit court on October 24, 1972. The order of September 15, 1972, is not an appealable order as provided by sec. 274.33, Stats. Accordingly, only the June 16, 1972, order is before the court.