Gould v. Klabunde

The record in this case does not disclose a final appealable judgment and for that reason the proper order to be entered herein is one dismissing the appeal.

The majority opinion states that “appellant had the right to appeal from the final order of the court denying the motion to vacate the striking of plaintiff’s complaint and entering judgment against defendant for want of answer. ’ ’ This is not a correct statement of what the record discloses occurred. The plaintiff’s motion was to vacate the order striking the complaint and for judgment by default for failing to answer. The court denied…