Toney v. White

I dissent from the holding by the majority that there is no appealable order in this case and the attempted appeal should be dismissed.

The majority opinion states that the order sought to be appealed is not appealable because “it does not dismiss the parties from the court, discharge them from the action, or conclude their rights to the subject matter in controversy.” Rule 2 of the Rules of Appellate Procedure sets out nine separately numbered types of orders of a circuit, chancery, or probate court which may be appealed, and I think the majority has failed to give effect to the second…