Ensley v. Fitzwater

The issue in this case is: Does an’ appellate court have jurisdiction over an appeal where the notice of appeal describes a nonappealable order but also refers to a judgment and a copy of the judgment is attached?

The trial court granted defendant’s motion for summary judgment by an order dated October 27, 1980. The court denied plaintiffs motion for rehearing by an order dated November 3, 1980. The court entered judgment for defendant on November 3, 1980. Plaintiff filed a notice of appeal 1 providing as follows:

“Plaintiff-Appellant Clifford 0. Ensley hereby gives Notice of Appeal from the…