Wheeler v. McIntyre

McFADDEN, Justice.

This case is before the court on appellants’ motion to remand for a new trial and on respondents’ cross-motion to dismiss the appeal. The issues before the court are (1) whether the district court erred in denying appellants’ post-trial motions; (2) whether the final judgment entered in the case is appealable; and (3) if either of the first two issues is answered in the affirmative, whether the case should be remanded for new trial because no reporter’s transcript is available.

Plaintiffs-respondents were vendees on an installment real estate contract. After defaulting on the…