Chemco Products, Inc. v. Moley Produce Company, Inc.

OPALA, Justice:

This appeal is sought to be prosecuted from a decision which vacates in part a default judgment. It grants the defendant-appellant a new trial on the issue of damages, but leaves undisturbed the adverse prior default adjudication of its liability. Appellee moved to dismiss the appeal as premature because it is sought to be prosecuted from an interlocutory decision. We hold the appeal is properly here because the order in question falls within the category of those which are reviewable by right under the terms of 12 O.S.1971 § 952(b)2.

It is hornbook law that any intermediate or…