Boynton v. Reeves

Frankum, Justice.

The notice of appeal in this case states that the order appealed from is “the final order entered herein on July 18, 1969, and the judgment thereon, dismissing” the appellants’ petition for failure to state a claim upon which relief could be granted. Upon examination of the record, no such order or judgment was found. However, in the reporter’s transcript it does appear that in a colloquy between the trial judge and the counsel for the parties the judge announced that he would sustain the motion to dismiss as set out in paragraph 7 of the defendant’s answer and motion. The…