Fredrick v. City of Janesville

The plaintiffs appealed to the Court of Appeals from an order of the trial court dated September 22, 1978, which granted the defendants’ motion to dismiss at the close of the plaintiffs’ case. The order dismissed the action as to all defendants on the merits, with prejudice, and with statutory costs to the defendants.

The Court of Appeals, on its own motion, dismissed the plaintiffs’ appeal on the ground that although the September 22, 1978 order could be a final appealable order within the definition of sec. 808.03(1), Stats., it was not a final order under the circumstances of this case…