U.S. Court of Appeals for the Fifth Circuit, 1951

American Fire & Casualty Co. v. Allison

U.S. Court of Appeals for the Fifth Circuit · Decided May 25, 1951 · Hutcheson, 'Chief, Borah, Strum

189 F.2d 255; 1951 U.S. App. LEXIS 3165 (Federal Reporter, Second Series)

Counsel

Clarence Brown, Forrest E. Gotthardt, Miami, Fla., for appellant., T. J. Blackwell, S. J. Powers, Jr., Miami, Fla., for appellee.

Cases that cite this one

2 later published cases cite this decision.

J. Norman 'Stoney' Stone v. The Honorable Wyoming Supreme Court (10th Cir. 1956)
United States v. Hyman Stromberg (5th Cir. 1955)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Appellee has filed a motion to dismiss the appeal on the ground that the order appealed from is not a final and appealable order.

We agree. The appeal, instead of being from the final judgment entered against appellant on January 30, 1950, is from the order denying a motion to set that final judgment aside. It is settled law that such an order is not appealable. Cf. Cromelin v. Markwalter, 5 Cir., 181 F.2d 948; French v. Jeffries, 7 Cir., 161 F.2d 97; U. S. v. Muschany, 8 Cir., 156 F.2d 196.

The appeal is Dismissed.

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