Opinion · Court of Appeals for the Fifth Circuit
American Fire & Casualty Co. v. Allison
189 F.2d 255
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1951-05-25
- Topic
- general
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.
Citator
UpLaw has not yet analyzed American Fire & Casualty Co. v. Allison. The absence of a flag is not a finding that it is good law.
- Cited by
- 2 opinions
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.