Van Wagenen v. Walker

MAUGHAN, Justice:

Third party defendant, Blauer, appeals from two orders of the trial court vacating two garnishment judgments. These were lodged against garnishees, Rigo’s Italian Restaurant and Commercial Security Bank. Blauer contends the trial court committed procedural errors which he seeks to have rectified on appeal. Garnishees urge the appeal should be dismissed.

Under Rule 72(a) U.R.C.P., an appeal may be taken to this Court on a final order or judgment. An order vacating a judgment is not such a final order, for the rights of the parties are not determined and the litigation is not…