Stotsenburg v. Frost

Appellants filed their appeal No. 169 within 30 days of the date appellee entered judgment and their appeal was thus timely taken. I therefore dissent from the order quashing the appeal.

The majority cites the correct statute and rule which determine the timeliness of the appeal. Nevertheless, it reaches the wrong conclusion because it fails to recognize that where an order of a court, whether sitting in equity or law, awards a party damages, the appeal lies not from the order but from the entry of judgment. Until the award is reduced to a judgment, there is no basis for appeal. Shellem v.…