Coffelt v. Gordon

In each of these two companion cases the trial court entered an order sustaining a demurrer to the complaint and granting the plaintiff ten days in which to amend. Roth plaintiffs filed notices of appeal and in due time lodged the records in this court.

The appellees have filed motions to dismiss the appeals, under our settled rule that an order 'which merely sustains a demurrer, without dismissing the complaint, is not a final appealable order. Ark. State Board of Architects v. Larsen, 226 Ark. 536, 291 S. W. 2d 269. The appellants, citing Nunez v. O. K. Processors, 238 Ark. 346, 381 S. W. 2d…