During that fall, Les and Kathy signed a deed transferring their one-half interest in all five tracts of real estate to Defendants. Defendants filed an answer and a counterclaim for breach of covenant of warranty. After a bench trial, the court issued findings of fact, conclusions of law and judgment. The court ordered that the deed be set aside. Although neither party initially raised an issue concerning appellate jurisdiction, it is this court's duty to do so sua sponte.
Appellate courts have jurisdiction only over final judgments.
A judgment, order, or decree of the trial court is final and appealable only when it disposes of all the issues for all parties in the case and leaves nothing for future determination. In this case, the trial court's judgment failed to resolve all of the issues presented and left matters for future determination. In two of its counts, Plaintiffs' petition sought an accounting of the partnership assets. A suit for an accounting is normally tried in two bifurcated phases. In the first stage, the trial court must determine whether there is any right to an accounting.