American Liberty Insurance v. Sanders

Eberhardt, Judge.

The motion to dismiss the appeal on the ground that the notice of appeal did not designate the final judgment subsequently entered is without merit. The issues involved in the order appealed from are not moot, nor is the final judgment the law of the case, inasmuch as the motion to open the default was made prior to final judgment, and a certificate of immediate review was obtained for this order. If there was error in denying the motion, all further proceedings were nugatory, for in that event the defendant may have been wrongfully denied the opportunity of presenting what…