During the arguments in this case we were made aware that after the allowance of defendant Giles’ summary judgment on plaintiffs’ amended complaint, there remained pending Giles’ counterclaim for breach of contract and tort, as well as plaintiffs’ action against the co-defendant and his counterclaims against them. There was neither a final order under ORS 19.010 nor an order permitting an interlocutory appeal under ORS 18.125(1).

Appeal dismissed.