Widmer v. Fort Smith Vehicle & MacHinery Corp.

I respectfully dissent as I think the rule indicated with reference to reviewability of an order denying a motion for summary judgment is wrong. I agree that no appeal lies from an order denying a summary judgment, as such order is interlocutory. Douglas v. Citizens Bank, 244 Ark. 168, 424 S. W. 2d 532.

I also agree that a motion for summary judgment should not be reviewed on appeal after a trial on the merits. See Bell v. Harmon, 284 S. W. 2d 812 (C. A. Ky. 1955); Safeway, Inc. v. Johnson, 311 F. 2d 387 (5th Cir. 1962); The Home Indemnity Company v. Reynolds & Company, 38 Ill. App. 2d 358…