Krusemark v. Hansen

OPINION AND ORDER TO DISMISS APPEAL

Plaintiff, Jerry L. Krusemark, filed a notice of appeal after the District Court, Park County, granted the motion for summary judgment of defendants, First Security Bank of Livingston, Montana. The order granting the motion is dated November 3, 1978. However, to date the District Court has not entered judgment on the order.

On December 26, 1978, First Security Bank, one of four defendants in the above-captioned action, moved to dismiss plaintiff’s appeal, contending that it had been prematurely filed.

Rule 54(b), Mont.R.Civ.P., provides:

“(b) JUDGMENT UPON…