Wagner v. Howell

Smith, Justice.

This is an appellate practice case arising from the trial court granting the appellees’ motion for summary judgment and the appellant’s subsequent attempt to appeal from that ruling. We reverse.

The appellant, Hilda Susan Wagner, sued the appellees charging fraud in connection with the probate of her father’s will and corporate waste and breach of fiduciary duty in the management of the family corporation.

The appellant filed her notice of appeal on October 10, 1985, after the trial court granted summary judgment to the appellees. The notice of appeal called for the inclusion of…