Vakas v. Collins

The notice specified it was from an order entered December 5, 1960, overruling the defendant’s demurrer to the supplemental amended petition, and also from orders of September 28, 1960, overruling the defendant’s motions to dismiss the action and to strike a paragraph from the supplemental amended petition.

The court is dismissing the appeal because it was not timely perfected.

The decision is based upon the conclusion that the motions to dismiss and to strike were “equivalent” to demurrers and the orders overruling them on September 28, 1960, were final appealable orders, and that the…