Peirce-Phelps, Inc. ex rel. Heller v. Julason

LIPEZ, Judge:

These cross-appeals arise out of the refusal of the court below to direct the satisfaction of a judgment without prejudice to the defendant petitioner’s right to contest the precise amount due the use plaintiff in a further proceeding. Defendant appeals because the court did not direct the satisfaction of the judgment, and use plaintiff cross appeals because the court dismissed the amended petition without prejudice. Since no appellate review lies under the circumstances, the appeals must be dismissed.

The facts are somewhat complicated. Suffice it to say, for the purpose of this…