Sheffield v. Clifford

Plaintiffs appeal from an order denying their motion for a new trial. Blended with the motion was a motion to strike out, amend, add to, and substitute other findings and conclusions.

An order denying a motion to amend, add to, strike out, or substitute other findings of fact or conclusions of law, or both, made by the trial court in a case tried without a jury, is not appealable. When such a motion is blended with a motion for a new trial and is denied, as a whole, the order is appealable as an order denying a motion for a new trial. On such an appeal our rule is that errors may be assigned…